Gibson v. State
| Decision Date | 03 May 1904 |
| Citation | 36 So. 706,47 Fla. 34 |
| Parties | GIBSON v. STATE. |
| Court | Florida Supreme Court |
Error to Criminal Court of Record, Escambia County; Elmore D. Beggs, Judge.
Charles Gibson was convicted of perjury, and brings error. Reversed.
Syllabus by the Court
1. See the headnotes in Julius Brown v. State (decided and filed at the present term) 36 So. 705; that case being on all fours with, and fully decisive of, this.
COUNSEL Chas. M. Coston, for plaintiff in error.
W. H. Ellis, Atty. Gen., for the State.
The plaintiff in error here (defendant below) was informed against, tried, convicted, and sentenced, for the crime of perjury, in the criminal court of record of Escambia county, and seeks reversal here by writ of error.
We have at the present term disposed of the case of Julius Brown, plaintiff in error, against the state of Florida (36 So. 705), reversing a conviction for perjury in the same court. The information in that case, and the evidence adduced therein, are identical with the information and evidence in this; the only difference between the two records being that in that case the information was assailed by a motion to quash, and in this by motion in arrest of judgment. What is said in that case fully disposes of this. The judgment of the criminal court of record of Escambia county in this cause is therefore hereby reversed, at the cost of the county of Escambia, and a new trial awarded.
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Hall v. State
... ... directly that the testimony falsely deposed was material to ... some issue on trial, or else allege facts from which its ... materiality will in law appear ... [187 So. 397] ... Brown v. State, 47 Fla. 16, 36 So. 705; Tindall ... v. State, 99 Fla. 1132, 128 So. 494; Gibson v ... State, 47 Fla. 34, 36 So. 706; Annotation in 80 A.L.R ... 1443. We are of the opinion that, under this rule, the ... materiality of the false statements was sufficiently alleged ... The ... information was also attacked by motion to quash on the ... ground that it does not ... ...
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Tindall v. State
... ... the trial of a cause the fact sworn to need not be material ... to the main issue, but if it be conducive to the point in ... issue or a guide to the court or jury, even though ... circumstantial, it is perjury. See, also, Brown v ... State, 47 Fla. 16, 36 So. 705; Gibson v. State, ... 47 Fla. 34, 36 So. 706 ... In the ... case of Brown v. State, supra, it was held: ... 'An ... information or indictment for perjury should either ... affirmatively allege, or show from other averments, that ... the false testimony was material to the issue ... ...
- Brown v. State
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State v. Fabian, 152
...its materiality will in law appear. Brown v. State, 47 Fla. 16, 36 So. 705; Tindall v. State, 99 Fla. 1132, 128 So. 494; Gibson v. State, 47 Fla. 34, 36 So. 706; Annotation in 80 A.L.R. 1443. We are of the opinion that, under this rule, the materiality of the false statements was sufficient......