Gibson v. State
Supreme Court of Alabama
Appeal from the circuit court of Pike. Tried before Hon. J. McCaleb Wiley. The facts are fully stated in the opinion. The demurrer to the indictment should have been sustained. Section 4262 of the Code prescribes what statements a petition “ must contain ” ; what is material on such application is thus fixed by law. All other statements may be left out of the petition, or if in it, may be stricken out, and still leave the petition perfect.
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Appeal from the circuit court of Pike. Tried before Hon. J. McCaleb Wiley. The facts are fully stated in the opinion. The demurrer to the indictment should have been sustained. Section 4262 of the Code prescribes what statements a petition “ must contain ” ; what is material on such application is thus fixed by law. All other statements may be left out of the petition, or if in it, may be stricken out, and still leave the petition perfect. Any thing which may be stricken out of a petition or pleading, and still leave it perfect, is surplusage, and not material. Oath as to mere surplusage and…
1Opinion of the CourtPeters, J.
Thaddeus Gibson was indicted for perjury at the spring term, 1869, of the circuit court of Pike *21county. The indictment contained but a single count. The charge was in the following words, to-wit:
“ The grand jury of said county charge, before the finding of this indictment, that Thaddeous Gibson, on an application to Willis O. Wood, judge of the probate court in and for Pike county, and State of Alabama, for a writ of Mbas cor pos, to be directed to one William Bragg, commanding him, the said Bragg, to produce the body of one Catharine, or Kate, before said Willis C. Wood, judge of the probate…
2Cases cited1 opinion
- State v. LeaSupreme Court of Alabama · 1842
3Cited by9 opinions
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- State v. GallaugherSupreme Court of Iowa · 1904
- Collier v. StateSupreme Court of Alabama · 2010
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