Walker v. State
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The facts of the case are sufficiently stated in the opinion. —As the indictment charged that Elbert Plolt was the duly and regularly appointed deputy clerk of the circuit court, and as the evidence shows, that, he had not complied with the law to duly qualify him for that office, the objection to the affidavit ought to have been sustained. — Joseph v. Cawthome, 74 Ala. 411; Floyd v. The…
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The facts of the case are sufficiently stated in the opinion. —As the indictment charged that Elbert Plolt was the duly and regularly appointed deputy clerk of the circuit court, and as the evidence shows, that, he had not complied with the law to duly qualify him for that office, the objection to the affidavit ought to have been sustained. — Joseph v. Cawthome, 74 Ala. 411; Floyd v. The State, 79 Ala. 89 ; Mathis v. Carpenter, 95 Ala. 156. The testimony of the witnesses as to the genuineness of the signature…
1Opinion of the CourtMoOLELLAN, J.
This is a prosecution for perjury. The indictment contains two counts each charging that Walker made a false affidavit on an application • for a new trial of a cause before the circuit court of Montgomery county, in which he was a party, and which had been tried and decided against him. In the first count it is alleged that Walker was duly sworn “by the clerk of said circuit court, who had authority to administer said oath.” In the second count, the averment is that the oath was administered ‘ ‘by Elbert Holt, who was the, duly and regularly appointed deputy clerk of said circuit court, and…
2Cases cited2 opinions
- Oaks v. RodgersCalifornia Supreme Court · 1874
- State v. . KnightSupreme Court of North Carolina · 1881
3Cited by5 opinions
- State v. MercerCourt of Appeals of Maryland · 1905
- Campbell v. PeopleSupreme Court of Colorado · 1913
- Southern Railway Co. v. HundleySupreme Court of Alabama · 1907
- Brandon v. StateSupreme Court of Alabama · 1936
- Markey v. StateSupreme Court of Florida · 1904