Smith v. State
Alabama Court of Appeals
Appeal from Circuit Court, Randolph County; Lum Duke, Judge. Pickens Smith was convicted of perjury, and he appeals. Counsel discuss the assignments of error, but without citation of authority. Where the question is not raised below, it cannot be insisted for the first time on appeal that the evidence does not support the judgment. 16 Ala. App. 592, 80 South. 166.
1Opinion of the CourtBricken, P. J.
The defendant was indicted for the offense of perjury under section 7543, Code 1907. The indictment in effect charged that, on his examination in a civil action in the circuit court, in which Thos. E. Goolsby was complainant and Mattie Goolsby was defendant, the said Pickens Smith, being duly sworn by one E. H. Moore as commissioner, etc., who had the authority to administer such oath, falsely swore that Thos. E. Goolsby was a resident of said county, and had resided in said county for the past two years; and it was alleged that, the matters so sworn to being material, and the oath of the…
2Cases cited1 opinion
- Curtis v. StateSupreme Court of Alabama · 1897
3Cited by4 opinions
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