Cowan v. State
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heard before Hon. J. J. Cubtis. John Cowan was convicted of perjury, and appeals. The indictment is as follows (omitting formal charging part) : John Cowan, on an application for letters of an administration on the estate of Charles Williams, deceased, being duly sworn, by Charles M. Sartain, judge of probate, who had authority to administer such oath, falsely swore that to the best of his knowledge, information, and belief the said Charles…
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Cubtis. John Cowan was convicted of perjury, and appeals. The indictment is as follows (omitting formal charging part) : John Cowan, on an application for letters of an administration on the estate of Charles Williams, deceased, being duly sworn, by Charles M. Sartain, judge of probate, who had authority to administer such oath, falsely swore that to the best of his knowledge, information, and belief the said Charles Williams, died without leaving a last will and testament; the matter so-sworn to being material, and the oath of the…
1Opinion of the Court
BROWN, J.(1) The indictment in this case is defective in failing to state the names of the parties to the proceeding in which the alleged false testimony was given, or the court in which such proceeding was instituted or was pending, and was subject to the demurrer interposed to it. While it is not necessary in an indictment for perjury to set forth the pleadings, record, or proceedings with which the false oath is connected or the commission or authority of the court or person before whom the perjury was committed, the statute and the forms prescribed for indictments require that the…
2Cases cited8 opinions
- Ex parte DavisSupreme Court of Alabama · 1913
- Jacobs v. StateSupreme Court of Alabama · 1878
- Walker v. StateSupreme Court of Alabama · 1892
- McClerkin v. StateSupreme Court of Alabama · 1894
- Winslow v. StateSupreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Williford v. StateCourt of Appeals of Georgia · 1936
- State v. LoweIdaho Supreme Court · 1939