17 Ala. App. 429
85 So 595
Decided May 12, 1920
Alabama Court of Appeals · decided 1920-05-12
Kyle, Judge. Jim Williams was convicted of perjury, and he appeals. The perjury is alleged to have been committed by .defendant as a witness on the trial of Doyle Hooten, who was charged with murder. The stenographer’s official notes were used as evidence to prove the testimony of the defendant. The defendant was indicted, tried, and convicted of perjury, and from the judgment he appeals.
Relies on Todd v. State
Affirmed · Decided 1920-05-12
¶1 The judgment in this case is affirmed on .authority of Todd v. State, 13 Ala. App. 301, 69 South. 325; the principle there announced being here reaffirmed, and the reasoning here adopted.
¶2 On the evidence, it was a question for the jury to say whether the defendant was sworn as a witness in the Hooten Case. The affirmative charge was properly refused.
¶3 There is no error in the record, and the judgment is affirmed.
¶4 Affirmed.