State v. Lea
Supreme Court of Alabama
Question reserved by the Circuit Court of Cherokee county. THE defendant was indicted for the crime of perjury^-ahd tried and convicted at the last fall circuit. After the conviction,-.h,e moved in arrest of judgment, that the indictment was not sufficient in law to authorise the sentence,- and the Circuit Court' considering the question presented- by the record as novel and difficult, reserved it for the consideration of the Supreme Court.
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Question reserved by the Circuit Court of Cherokee county. THE defendant was indicted for the crime of perjury^-ahd tried and convicted at the last fall circuit. After the conviction,-.h,e moved in arrest of judgment, that the indictment was not sufficient in law to authorise the sentence,- and the Circuit Court' considering the question presented- by the record as novel and difficult, reserved it for the consideration of the Supreme Court. The indictment charges the'perjury to have been committed in-an affidavit made before a justice of the peace forCherokee county, in these terms; This day…
1Opinion of the CourtGoldthwaite, J.
The first question raised upon this indictment, is, whether the pleader was authorised to assume that the charge oftaking and feloniously carrying away a certain hog of another, contained in the affidavit upon which the perjury is assigned, is legally equivalent to the assertion, that a larceny had been committed, or in other terms, that the defendant intended thereby to charge the prosecutor with,feloniously taking, stealing and carrying away his hog.
We do not entertain the slightest doubt of the propriety of this inuendo. We are not to look for technical precision ,and accuracy, in the…
2Cited by10 opinions
- Brown v. StateMississippi Supreme Court · 1879
- Fudge v. StateSupreme Court of Florida · 1909
- United States v. EldredgeUtah Supreme Court · 1887
- Gibson v. StateSupreme Court of Alabama · 1870
- Hood v. StateSupreme Court of Alabama · 1870
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