Bedsole v. State

• Decision Date: 22 March 1910
• Citation: 59 Fla. 3,52 So. 1
• Parties: BEDSOLE v. STATE.
• Court: Florida Supreme Court

52 So. 1

59 Fla. 3

BEDSOLE v. STATE.

Florida Supreme Court

March 22, 1910

Headnotes Filed April 27, 1910.

In Banc. Error to Criminal Court of Record, Walton County; D. S Gillis, Judge.

W. T Bedsole was convicted of perjury, and brings error. Reversed.

Syllabus by the Court

SYLLABUS

It is an essential allegation in an indictment for perjury that the party charged was duly sworn, and that the oath was administered to him by some one authorized by law to administer such oath.

In an indictment for perjury alleged to have been committed during the trial of a cause in a court, it should be alleged that such court had jurisdiction to hear, try, and determine such cause.

COUNSEL C. O. Andrews, for plaintiff in error.

Park Trammell, Atty. Gen., for the State.

OPINION

TAYLOR J.

By writ of error the plaintiff in error brings here for review a judgment of conviction of the crime of perjury in the criminal court of record for Walton county. The information upon which he was tried was as follows:

'Be it remembered that A. G. Campbell, county solicitor for the county of Walton, prosecuting for the state of Florida in said county, under oath information makes: That one Will Bedsole, alias W. T. Bedsole, late of the county of Walton, in the state aforesaid, on the 29th day of April in the year of our Lord one thousand nine hundred and nine, at and in the county of Walton aforesaid, did then and there, being lawfully required and sworn to depose the truth in a certain proceeding in the justice of the peace court of justice district No. 6, in Walton county, state of Florida, in a certain proceeding therein being tried wherein the state of Florida was plaintiff and the said Will Bedsole was defendant, he, the said Will Bedsole, alias W. T. Bedsole, being then and there charged with cruelty to animals in everdriving and depriving of feed and other attention two horses, the property of one R. L. Burnham, and then and there being sworn at said trial as a witness in his own behalf, did then and there willfully and corruptly swear falsely of and concerning certain matters material to the issue therein tried; that is to say, that in the said trial of said cause aforesaid in the said justice court aforesaid a certain material element and matter to be considered was the distance he, the said Will Bedsole, alias W. T. Bedsole, had driven the said horses, and whether or not he had fed the said team at the noon hour, and when he had so fed them, and he, the said Will Bedsole, being then and there sworn as aforesaid, did then and there knowingly, corruptly, and falsely swear that he had driven the team no further

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