Lea v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Tate County. HoN. A. T. Roahe, Judge. The grand jury of Tate County found on indictment for perjury against L. C. Lea, charging “ that on the 9th of April, 1885, in the county of Tate afor'esaid and State aforesaid, a certain issue was joined between the State of Mississippi and L. C. Lea, upon an indictment against the said Lea for unlawfully selling vinous and spirituous liquors, in the Circuit Court of Tate County, of which cause the said…
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Appeal from the Circuit Court of Tate County. HoN. A. T. Roahe, Judge. The grand jury of Tate County found on indictment for perjury against L. C. Lea, charging “ that on the 9th of April, 1885, in the county of Tate afor'esaid and State aforesaid, a certain issue was joined between the State of Mississippi and L. C. Lea, upon an indictment against the said Lea for unlawfully selling vinous and spirituous liquors, in the Circuit Court of Tate County, of which cause the said court had jurisdiction, and that on the said April 9, 1885, at the regular April term of the Circuit Court of said…
1Opinion of the CourtArnold, J.
The failure to state in the indictment facts necessary to show the materiality of the false testimony, was not a cause for which the indictment should have been quashed, or for which the judg*283ment should have been arrested. In an indictment for perjury, it is sufficient to charge generally that the matter sworn to in the false oath was material to the issue or point of inquiry upon which it was taken, without showing particularly how it was material. The pleader has choice of two methods on the subject; he may either charge that the matter of the false oath was material, or he may set out the…
2Cited by5 opinions
- Smallwood v. StateMississippi Supreme Court · 1991
- Nash v. StateMississippi Supreme Court · 1962
- State v. SilverbergMississippi Supreme Court · 1901
- People v. Rosenburg, New York County Courts1952
- Hall v. StateCourt of Appeals of Mississippi · 1999