Bogle v. State

BOWEN, Presiding Judge.

John Bogle was indicted and convicted for perjury in the first degree in violation of Alabama Code 1975, § 13A-10-101. Sentence was three years’ imprisonment. His conviction must be reversed because of the State’s failure to prove that his testimony before the grand jury was given under proper oath.

On direct examination by the State of the foreman of the grand jury, Robert Brazier, the record shows the following:

“Q. ... Was he sworn?

“A. I’m sure he was. Everybody was . sworn in that testified before us.

“Q. All right. He testified under oath before you?

“A. Yes.”

On cross…