Legal Opinion

Dickerson v. State

Wyoming Supreme Court

Decided December 3, 1910No. 628PublishedCited by 14 opinions

Error to the District Court, Laramie County, Hon. David H. Craig, Judge. The material facts are stated in the opinion. The information is insufficient for the reason that it does not allege in definite and certain language, the materiality of the false testimony. The alleged false testimony could not ordinarily be in any way material to an issue arising out of a plea of not guilty to a charge of rape.

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Error to the District Court, Laramie County, Hon. David H. Craig, Judge. The material facts are stated in the opinion. The information is insufficient for the reason that it does not allege in definite and certain language, the materiality of the false testimony. The alleged false testimony could not ordinarily be in any way material to an issue arising out of a plea of not guilty to a charge of rape. It might be a question material to the issues in such a case whether the defendant was diseased at the time of the rape, but whether he was so diseased before or after that time would be wholly…

1Opinion of the Court

Scott, Justice.

The plaintiff in error, defendant below and who will hereafter be referred to as defendant, was charged by information duly filed in the District Court of Laramie County on June 1, 1909, tried, convicted and judgment pronounced against him for the crime or perjury. He brings the case here on error.

From the record it appears that he was tried in the District Court of Laramie County at the regular December, 1908, term of that court upon a charge of rape. He was sworn and testified as a witness in his own behalf. It is *459upon a part of his testimony there given that perjury is…

2Cited by14 opinions

  1. Valerio v. StateWyoming Supreme Court · 1967
  2. Clenin v. StateWyoming Supreme Court · 1978
  3. Parker v. StateWyoming Supreme Court · 1916
  4. Jay v. StateAlabama Court of Appeals · 1916
  5. Richey v. StateWyoming Supreme Court · 1921

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