Johnson v. State
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Calvin Johnson was convicted of perjury, and he appeals.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Calvin Johnson was convicted of perjury, and he appeals. The indictment is as follows, omitting1 the formal charging part: “Calvin Johnson, on an application to set aside a judgment in á civil action in the city court of Montgomery, in which Sampson Wood and Lucinda Wood were plaintiffs, and the said Calvin Johnson the defendant, being duly sworn b3r the clerk of said court, who had authority to administer such oath, falsety swore that on June 3rd last, while on a. train en route to Atlanta, he was taken so ill that he…
1Opinion of the CourtWalker, P. J.
The defendant did not in the trial •court, by demurrer, motion to quash, or otherwise, raise any question a,s to the sufficiency of the indictment. Having pleaded not guilty and gone to trial ■on the indictment without interposing any objection to it, the objections, now for the first time suggested to it, going merely to the question of its being sufficiently definite and specific in its averments descriptive of the proceedings in which the alleged perjury is charged to have been committed, are, on appeal, to be treated *101as having been waived.—Wilson v. State, 128 Ala. 17, 29 South. 569;…
2Cases cited7 opinions
- Gindrat v. Western RailwaySupreme Court of Alabama · 1892
- Oakley v. StateSupreme Court of Alabama · 1902
- Smith v. StateSupreme Court of Alabama · 1893
- Walker v. StateSupreme Court of Alabama · 1892
- Williams v. StateSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Duncan v. State.Court of Criminal Appeals of Alabama · 1983
- Thomas v. StateAlabama Court of Appeals · 1915
- Dennison v. StateAlabama Court of Appeals · 1916
- Riley v. StateAlabama Court of Appeals · 1934