Merlette v. State
Supreme Court of Alabama
From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant was indicted for perjury committed in bis examination, before a commissioner appointed under a commission issued in a cause pending in the City Court of Montgomery in equity.
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From the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The defendant was indicted for perjury committed in bis examination, before a commissioner appointed under a commission issued in a cause pending in the City Court of Montgomery in equity. The solicitor for the complainant in said chancery cause, filed interrogatories to the said Merlette in the registers office and suggested in writing, one Eaber, to take the testimony of said defendant, and the counsel for defendant in said chancery cause consented in writing to the issue of a commissioner to take the deposition of…
1Opinion of the CourtStone, C. J.
The defendant was indicted and convicted pf perjury, and the record presents for our consideration *44the legality of the oath administered to the witness, under which he is charged to have committed perjury.
The perjury is charged to have been committed before one Charles Eaber, a commissioner appointed for the purpose, in giving his testimony for complainant, in a certain suit in equity, in which Wesiey Wilson was complainant, and Emma Wilson was defendant. The commission was in due form, and was issued in the name of Y. M. Elmore, who was the register of said court. It was objected, however,…
2Cases cited11 opinions
- Flournoy v. City of JeffersonvilleIndiana Supreme Court · 1861
- Grider v. TallySupreme Court of Alabama · 1884
- Cary v. StateSupreme Court of Alabama · 1884
- Lockhart v. City of TroySupreme Court of Alabama · 1872
- Masterson v. MatthewsSupreme Court of Alabama · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gibson v. StateSupreme Court of Alabama · 1915
- Day v. City of MontgomerySupreme Court of Alabama · 1922
- Martin v. StateSupreme Court of Arkansas · 1924
- Lucas v. BelcherAlabama Court of Appeals · 1925
- United States Fidelity & Guaranty Co. v. BassCourt of Appeals for the Fifth Circuit · 1980
8 more not listed; retrieve them via the Exa API.