State v. Frisby
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The defendant was charged with having committed perjury, in swearing that he did not enter and drink intoxicating liquors in a certain tippling shop on Sunday, the twenty-fourth day of December, 1883. The testimony should have been confined to his acts upon that particular day, and the court ought not to have permitted any witness to say that the defendant entered or drank in said shop on the twenty-fourth…
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Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (1) The defendant was charged with having committed perjury, in swearing that he did not enter and drink intoxicating liquors in a certain tippling shop on Sunday, the twenty-fourth day of December, 1883. The testimony should have been confined to his acts upon that particular day, and the court ought not to have permitted any witness to say that the defendant entered or drank in said shop on the twenty-fourth day of December, 1882. The allegations and proofs must correspond, when, as in the case at bar, time is of the essence of…
1Opinion of the Court
Norton, C. J. —
The defendant was tried in the Cooper county circuit court on an indictment charging him with the crime of perjury, and appeals from the judgment of conviction obtained by the state on the trial. The indictment alleges, substantially, that the grand jury had before it for investigation the question whether or not one Sellinger and Haller, or either of them, did, on the twenty-fourth day of December,' 1882,.-said day being Sunday, keep open an ale house, or tippling shop, by permitting persons to enter the same and drink liquors therein; that in said investigation Henry Prisby…
2Cases cited3 opinions
- State v. EatonSupreme Court of Missouri · 1882
- State v. BurnettSupreme Court of Missouri · 1883
- State v. HamiltonSupreme Court of Missouri · 1877
3Cited by6 opinions
- State v. BrinkleySupreme Court of Missouri · 1945
- State v. BlizeSupreme Court of Missouri · 1892
- McLaren v. StateCourt of Appeals of Georgia · 1908
- Gandy v. StateNebraska Supreme Court · 1888
- Fugate v. CommonwealthCourt of Appeals of Kentucky · 1917
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