Driskill v. State
Supreme Court of Alabama
Appeal from Circuit Court of Coffee. Tried before Hon. J. McCaleb Wiley. The facts upon which the case turns will be found in the opinion.
1Opinion of the CourtPeters, J.
Driskill, the appellant in this case, is indicted for perjury. The indictment was demurred to in the court below, and the demurrer was overruled.. It is, however, in the form prescribed in thdj schedule of forms given in the Revised Code. Such fortes are sufficient. Rev. Code, §§ 4139, 4141, 4142; ib. p. • 812, N<i>. 44. It was, then, not obnoxious to the demurrer, and - the court did not err in overruling it.
Such a charge of perjury as that made' in this case is a *22felony, but it is not a capital offense. — Rev. Code, §§ 3541; 3557, 3558. A capital offense is such an one as subjects the…
2Cited by5 opinions
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- Brooks v. City of BirminghamAlabama Court of Appeals · 1944
- Wade v. StateSupreme Court of Alabama · 1874
- Stephens v. StateSupreme Court of Alabama · 1872