TOM ELLIS, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
West, J.
This is a companion case to Ward v. State. The two cases grew out of the same transaction. The alleged false' swearing of the two defendants forming the basis of the "charge of perjury occurred in the same proceeding and is in substance the same. By agreement the two cases were tried at the same time by the same jury. The evidence against the two defendants is in practical effect the same. The verdicts and judgments are identical. Transcript's of the record filed in this court are duplicates except as to details not affecting the issues presented.
The judgment is affirmed upomthe authority of Ward v. State, an opinion in which casé is this day filed. Affirmed.
Browne, C. J., and Taylor and Whitfield, J. J., concur. Ellis, J., not participating.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Will Tindall v. State, 99 Fla. 1132 (Fla. 1930)…equal weight with another witness. Such is the rule now well established on authority. And the element of the offense which must be so proved is the falsity of the material matter sworn to.” Ward v. State, 83 Fla. 311, 91 So. R. 189; Ellis v. State, 83 Fla. 322, 91 So. R. 192;, Yarbrough v. State, 79 Fla. 256, 83 So. R. 873. [*1139] An important element of the offense which must be proved by the oaths of two witnesses, or by the oath of one witness, and by other independent and corroborating circumstances,…
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Gordon v. State, 119 So. 2d 753 (Fla. 2d DCA 1960)…of equal weight with another witness. Such is the rule now well established on authority. And the element of the offense which must be so proved is the falsity of the material matter sworn to.’ Ward v. State, 83 Fla. 311, 91 So. 189; Ellis v. State, 83 Fla. 322, 91 So. 192; Yarbrough v. State, 79 Fla. 256, 83 So. 873.” An examination of the Florida decisions relating to prosecutions for subornation of perjury fails to reveal a decision on the question. In 70 C.J.S. Perjury § 85, it is said that: “In a pr…