Moore v. State
Supreme Court of Alabama
Appeal from City Court of Eufaula. Tried before Hon. Alpheus Baker. The appellant, Willis Moore, offering to vote at a general election held in Barbour county, Nov. 8, 1874, was duly challenged, and thereupon he took the oath prescribed by law before one of the challengers, that he was a duly qualified elector. Moore, on the ground that he was a minor at the time of taking the oath, was indicted for perjury.
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Appeal from City Court of Eufaula. Tried before Hon. Alpheus Baker. The appellant, Willis Moore, offering to vote at a general election held in Barbour county, Nov. 8, 1874, was duly challenged, and thereupon he took the oath prescribed by law before one of the challengers, that he was a duly qualified elector. Moore, on the ground that he was a minor at the time of taking the oath, was indicted for perjury. On the trial, to show the authority of the person administering the oath, the State introduced the challengers. They were permitted, against the objection and exception of the defendant,…
1Opinion of the CourtManning, J.
1. The objection to the oath administered to the jury that tried defendant is not well taken. The record recites that they were “ duly sworn according to law, to try the issue joined,” &c., which is sufficient. The record does not purport to set forth the oath at length as administered.
2. There was no error in allowing the persons who acted as challengers on election day to prove that they were such, and received notice of their appointment from the sheriff, orally. A challenger receives his appointment but for a day; the sheriff of whom he received the notice was one of the officials…
2Cases cited1 opinion
- Jacob v. United StatesU.S. Circuit Court for the District of Eastern Virginia · 1821
3Cited by5 opinions
- Garner v. StateSupreme Court of Florida · 1891
- Storey v. StateSupreme Court of Alabama · 1882
- Mitchell v. StateSupreme Court of Alabama · 1877
- Atkins v. StateSupreme Court of Alabama · 1877
- Smith v. StateSupreme Court of Alabama · 1875