Goolsby v. State
Alabama Court of Appeals
Appeal from Circuit Court, Randolph County ; Lum Duke, Judge. Thomas E. Goolsby was convicted of perjury, and he appeals'. The evidence was not sufficient to authorize a conviction, and the defendant was entitled to the affirmative charge. 74 Ala. 34. The record does not show that it contains all the evidence, and hence the court cannot pass on the request for the affirmative charge. 9 Ala.
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Appeal from Circuit Court, Randolph County ; Lum Duke, Judge. Thomas E. Goolsby was convicted of perjury, and he appeals'. The evidence was not sufficient to authorize a conviction, and the defendant was entitled to the affirmative charge. 74 Ala. 34. The record does not show that it contains all the evidence, and hence the court cannot pass on the request for the affirmative charge. 9 Ala. App. 214, 62 South. 400. Objections must be interposed and exceptions reserved to evidence, before this court will pass on it. 192 Ala. 373, 68 South. 283. •
1Opinion of the CourtBricken, P. J.
The defendant was convicted of the offense of perjury. Under the ■statute (Code 1907, § 7543) “any person who willfully and corruptly swears or affirms falsely * * * in regard to apy material matter or thing, upon any oath or affirmation authorized by law, * *' * must, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years.”
[1] The indictment was not challenged by demurrer or otherwise; hence no question is presented on this appeal as to its sufficiency. As the indictment appears in the record before us, it inaptly uses the word “corruptfully” instead…
2Cases cited3 opinions
- O'Reiley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Birmingham Railway L. & P. Co. v. JungSupreme Court of Alabama · 1909
- Beeson v. MooreSupreme Court of Alabama · 1902
3Cited by7 opinions
- Duncan v. City of BirminghamCourt of Criminal Appeals of Alabama · 1980
- Harville v. StateCourt of Criminal Appeals of Alabama · 1980
- Roberson v. StateCourt of Criminal Appeals of Alabama · 1980
- Winchester v. StateAlabama Court of Appeals · 1925
- Stewart v. StateAlabama Court of Appeals · 1932
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