90 So. 21 | La. | 1921
The accused was found guilty and sentenced after trial upon the following indictment:
“That Jesse Edwards, late of the parish aforesaid, on or about tbe 26th day of April,*681 1921, with force and arms, in the parish, district and state aforesaid, and within the jurisdiction of the Thirteenth judicial district court, did willfully, maliciously, and feloniously appear as a witness before the grand jury then duly impaneled, sworn, and in session and charged to inquire in and for the body of the parish of Rapides, and then and there before said grand jury, the said Jesse Edwards did take an oath administered to him by the -foreman of the said grand jury, said foreman having lawful authority to administer said oath, and was by the said foreman duly sworn to testify the truth, the whole truth, and nothing but the truth, touching all matters inquired of by him by the said grand jury, whereupon the said grand jury did inquire of him, Jesse Edwards, concerning the existence of assignation, prostitution, and illegal sexual intercourse in the European Hotel in the city of Alexandria, and then it became and was a material question whether he, Jesse Edwards, had at any time within the past year taken or offered to take for pay, hire, or otherwise, men and women to rooms in the said hotel for the purpose of assignation, prostitution, or illegal sexual intercourse, whereupon the said Jesse Edwards did falsely, willfully, corruptly, and maliciously, upon his oath, aforesaid, swear and give evidence in effect and substance as follows: That he, Jesse Edwards, had at no time ever taken or offered to take for pay, hire, or otherwise, men and women to rooms in the said European Hotel, for the purpose of assignation, prostitution, or illegal sexual intercourse; whereas in truth and in fact the said Jesse Edwards had taken and offered to take men and women for pay, hire, or otherwise men and women to rooms in the said European Hotel for the purpose of assignation, prostitution, or. illegal sexual intercourse as he well knew. Wherefore the grand jurors aforesaid, on their oath aforesaid, do present that the said Jesse Edwards did in the manner and form aforesaid, feloniously, willfully, knowingly, and corruptly commit the crime of perjury contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state.”
The indictment does set forth the manner or way and the particular statement 'in which or by which the accused is said to have perjured himself.
The indictment alleges what the question was that the accused swore to and what the truth was, as the accused “well knew” and alleges that the testimony was “willfully, corruptly, and maliciously false.” This was sufficient. State v. Wells, Mann. Unrep. Cas., p. 242; State v. Gonsoulin, 42 La. Ann. 579, 7 South. 633, where the word “knowingly” had been left out as here.
“The testimony was in substance that Jesse Edwards, the accused, came to her room and offered to make dates for and bring men to her room, if she would let him (the accused) have sexual intercourse with her.
“The testimony was certainly admissible in showing that the accused did have knowledge of, and contributed to, the immoral conditions existing at the European Hotel, notwithstanding his sworn denial before the grand jury; and the fact that he, a negro, should have made such a proposition to a white woman, was no reason for ruling said testimony out.”
The evidence tended to show that the ac- . cused had “for pay, hire, or otherwise, offered to take men to rooms in said hotel,” and was therefore relevant; his testimony, charged as perjury, being that he had not done that very thing.
Judgment affirmed.