Legal Opinion

Floyd v. State

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 11 opinions

Feoix the Circuit Court of Pike. Tried before the Hon. JoiiN Gill Shorter. Tiie indictment in this ease charged that the prisoner, James L. C. Floyd, “on his examination as a witness, duly sworn to testify, oil the trial of a civil action in the •circuit court of Pike county, between John "Warnock, plaintiff, and said Floyd as defendant, which court had authority to administer such oath, falsely testified, among other things, that lie did not send his son to school last…

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Feoix the Circuit Court of Pike. Tried before the Hon. JoiiN Gill Shorter. Tiie indictment in this ease charged that the prisoner, James L. C. Floyd, “on his examination as a witness, duly sworn to testify, oil the trial of a civil action in the •circuit court of Pike county, between John "Warnock, plaintiff, and said Floyd as defendant, which court had authority to administer such oath, falsely testified, among other things, that lie did not send his son to school last year, and that he did not know that his son went to school last year, (meaning his son James Floyd, and the year 1854;) the…

1Opinion of the CourtWalker, J.

The question propounded by the attorney-general in the court below, to which the defendant excepted, was not illegal. It was not leading, (1 Green-leaf on Ev., § 434,) nor was it objectionable iu any other respect as to form, as is settled in the case of Yarbrough v. Hood, 13 Ala. 176. ,

The objection to the interrogatory of the attorney-general gives rise to the question of the relevancy, in this case, of evidence that the defendant knew his son went to school in 1854. Such evidence would be relevant, if it was material upon the trial of the case on the trial of which it is alleged that the…

2Cases cited1 opinion

  1. Yarborough v. HoodSupreme Court of Alabama · 1848

3Cited by11 opinions

  1. Tanner v. StateSupreme Court of Alabama · 1890
  2. Foster v. StateSupreme Court of Alabama · 1864
  3. State v. HendersonWest Virginia Supreme Court · 1886
  4. Harrington v. StateSupreme Court of Alabama · 1860
  5. Bass v. StateSupreme Court of Alabama · 1861

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