Legal Opinion

Taylor v. State

Alabama Court of Appeals

Decided June 30, 1924No. 2 Div. 307PublishedCited by 4 opinions

1Opinion of the CourtSamford, J.

T,he indictment is in Code form, and is sufficient to charge the defendant with the crime of perjury.

The use of the masculine pronoun in designating the defendant, who is a woman, does not render the indictment defective. “Words used in the masculine gender include the feminine and neuter.” Code 1907, § 1.

The charge was for false swearing on the trial of Tom Peyton, Sr. and Jr., “under indictment for the murder of one Alex Stonecypher.” It appears from the court records that there were separate indictments against Tom Peyton, Sr., and Tom Peyton, Jr., and so far as the court records disclose…

2Cases cited3 opinions

  1. Jacobs v. StateSupreme Court of Alabama · 1878
  2. Walker v. StateSupreme Court of Alabama · 1892
  3. Dennison v. StateAlabama Court of Appeals · 1916

3Cited by4 opinions

  1. Commonwealth v. GalloMassachusetts Supreme Judicial Court · 1931
  2. Holsemback v. StateCourt of Criminal Appeals of Alabama · 1983
  3. People v. O'ConnorCalifornia Court of Appeal · 1927
  4. Adams v. StateAlabama Court of Appeals · 1942

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