Morgan v. State

Decided October 15, 1885

Mississippi Supreme Court · decided 1885-10-15

Hon. A. T. Roane, Judge. In May, 1885, John Morgan'was indicted upon the charge that, on the 8th of November, 1884, he “did willfully, corruptly, feloniously, and falsely testify before ” a grand jury of Panola County, in respect to “ a matter material for said grand jury to know;” * * * “ that he, the said John Morgan, did, in said county, some time in July, 1884, see Sam. Houston play at a game of five-up, for twenty-five cents, and that Sam.

Cited by 2 later decisions — most recently February 1928

2 state decisions

Relies on Brown v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1885-10-15

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Arnold, J.,

¶1delivered the opinion of the court.

¶2It is assigned for error that the court below erred in refusing to quash the indictment, and in giving an instruction for the State after the argument for appellant to the jury had closed, and that this instruction was used by the district attorney in his closing argument to the prejudice of appellant. If there was any demurrer or motion to quash the indictment, or if any instruction was given and used as alleged, it is not shown by the record.

¶3The instruction given for the State is not subject to the objections made to it by appellant. It is true that to constitute perjury the swearing must be willful and corrupt, as well as false, but if a person swears to what he knows to be false, it is necessarily willful, and if willful, it is necessarily corrupt. 2 Whart. Cr. L., § 2204; Brown v. The State, 57 Miss. 424.

¶4Affirmed;