State v. Coleman

Citations

• 117 La. 973
• 42 So. 471
• 1906 La. LEXIS 805

Syllabus

<p>1. Criminal Law — Appeal — Review — No Legal Ground.</p> <p>There was no bill of exception, no assignment of error, and an inspection of the record shows no error.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 15, Criminal Law, § 3205.]</p> <p>2. Perjury — Repeal or Statute — Asserted Repeal.</p> <p>Defendant’s contention in the brief was that Act No. 118, p. 200, of 1906, by implication, repealed section 857 of the Revised Statutes, under which he was convicted. It did not.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 39. Perjury, § 2; vol. 44, Statutes, §§ 235, 236.] '</p> <p>3. Same — False Swearing.</p> <p>As it must appear that an accused was convicted under some law, the point urged was considered, though it was not before the court in due form.</p> <p>“False swearing” is an indictable offense. A law denouncing “false swearing” does not necessarily cover perjury; it being a separate and distinct offense-. The statute (Act No. 118, p. 200, of 1906) was not a substitute for perjury, and did not repeal section 857 of the Revised Statutes, cited, relating to perjury.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 39, Perjury § L]</p> <p>(Syllabus by the Court.)</p>