Maddox v. State
Alabama Court of Appeals
Appeal from Oliilton Circuit Court. Heard before Hon. W. W. Pearson. ■ James Maddox was convicted of perjury and he appeals.
Read the full summary
Appeal from Oliilton Circuit Court. Heard before Hon. W. W. Pearson. ■ James Maddox was convicted of perjury and he appeals. The indictment was insufficient in that it failed to state the substance of the proceeding as required by section 7542, Code 1907. — Jacobs v. The State, 61 Ala. 448; McGlerldnn v. The State, 105 Ala. 107; Smith v. The State, 103 Ala. 57; E'icks v. The State, 86 Ala. 30; Davis v. The State, 79 Ala. 20. The indictment in this case contained the necessary ingredients to render it sufficient as an indictment charging perjury in a civil case. — Williams v. The State, 64…
1Opinion of the Court
WALKER, P. .J.
The demurrer to the indictment in this case raised the question of the sufficiency of its description of the proceedings in which the false swearing charged against the defendant was alleged to have occurred. The requirement of section 7542 of the Code of 1907 that an indictment for perjury, or subordination of perjury, shall “state the substance of the proceedings” with which the alleged false oath was connected, so far as that requirement concerns a charge of perjury in a civil case, is to be read in the light of the construction placed upon it by the Legislature itself in…
2Cases cited4 opinions
- Smith v. StateSupreme Court of Alabama · 1893
- Jacobs v. StateSupreme Court of Alabama · 1878
- Barnett v. StateSupreme Court of Alabama · 1889
- McClerkin v. StateSupreme Court of Alabama · 1894
3Cited by4 opinions
- Thomas v. StateAlabama Court of Appeals · 1915
- Dennison v. StateAlabama Court of Appeals · 1916
- Riley v. StateAlabama Court of Appeals · 1934
- Cowan v. StateAlabama Court of Appeals · 1916