Brown v. State
Supreme Court of Alabama
Appear from Circuit Court of Dallas. Tried before Hon. James Q. Smith. 1, There was a clear variance in the proof. The proof offered shows a different offense, in law, from the one about which the perjury is alleged, and for which appellant was on trial. 2. There is no law whatever which authorizes two years imprisonment on conviction in a case of this kind. The sentence is therefore unlawful. — Eev.
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Appear from Circuit Court of Dallas. Tried before Hon. James Q. Smith. 1, There was a clear variance in the proof. The proof offered shows a different offense, in law, from the one about which the perjury is alleged, and for which appellant was on trial. 2. There is no law whatever which authorizes two years imprisonment on conviction in a case of this kind. The sentence is therefore unlawful. — Eev. Code, § 3557. The law is in effect the same as if it expressly enacted that on a conviction for perjury the sentence of imprisonment shall not be for two years, or any less number than three…
1Opinion of the CourtPetees, J.
This is an indictment for perjury. The
appellant, Jonas Brown, was found guilty and sentenced to the penitentiary for iioo years. From this judgment he appeals to this court.
There are but two questions of serious moment raised on the record. The one is a point raised upon an exception reserved in the bill of exceptions, and the other is an objection to the judgment of the court condemning the accused to ttoo years imprisonment in the penitentiary. There is also an objection to the sufficiency of the indictment, raised on motion in arrest of the judgment, but this objection is not sustained by…
2Cases cited1 opinion
- Haney v. StateWisconsin Supreme Court · 1856
3Cited by5 opinions
- Walker v. StateSupreme Court of Alabama · 1892
- Williams v. StateSupreme Court of Alabama · 1881
- Cousins v. StateSupreme Court of Alabama · 1874
- People v. StrassmanCalifornia Supreme Court · 1896
- Brownbridge v. PeopleMichigan Supreme Court · 1878