Legal Opinion

State v. Hardiman

Supreme Court of Missouri

Decided March 4, 1919PublishedCited by 11 opinions

Appeal from Moniteau Circuit Court. — Hon. J. G. Slate, Judge. (1) Corroborative evidence against the accused on a prosecution for perjury means evidence aliunde which tends to show the perjury independent of any declaration or admission of the prisoner and the person to be corroborated.

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Appeal from Moniteau Circuit Court. — Hon. J. G. Slate, Judge. (1) Corroborative evidence against the accused on a prosecution for perjury means evidence aliunde which tends to show the perjury independent of any declaration or admission of the prisoner and the person to be corroborated. State v. Rohten, 259 Mo. 424. (2) The instructions given by this court are erroneous upon authority of the case of State v. Thornton, 245 Mo. 436'. The instructions do not follow the charge alleged in the information. There is no charge in the information accusing defendant of swearing that he did not buy…

1Opinion of the CourtWalker, J.

Appellant was charged by information in the circuit court of Moniteau County with perjury, committed while testifying as a witness in said court. Upon a trial, he was convicted and sentenced to *231two years’ imprisonment in the penitentiary j from which judgment he appeals.

At a trial, in said court, in January, 1918, of one Schenewerk for the unlawful sale of intoxicating liquors, the appellant is charged with having, in the language of the information, testified: “That he, the said Arthur Hardiman, did not see the said Frank Schenewerk put a bottle in the buggy of the said Arthur Hardiman, at…

2Cases cited7 opinions

  1. State v. FaulknerSupreme Court of Missouri · 1903
  2. State v. HunterSupreme Court of Missouri · 1904
  3. State v. HeedSupreme Court of Missouri · 1874
  4. State v. ThorntonSupreme Court of Missouri · 1912
  5. State v. MoranSupreme Court of Missouri · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Hammer v. United StatesSupreme Court of the United States · 1926
  2. State v. BrinkleySupreme Court of Missouri · 1945
  3. State v. SwisherSupreme Court of Missouri · 1953
  4. State v. CarterSupreme Court of Missouri · 1926
  5. State v. SloanSupreme Court of Missouri · 1925

6 more not listed; retrieve them via the Exa API.

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