State v. Rowell
Supreme Court of Vermont
Indictment for perjury. Washington County, March Term, 1899, Thompson, J., presiding. The respondent pleaded in bar of the indictment that the alleged perjury consisted of testimony given by him in a former trial upon an indictment which was insufficient, and ■ was after-wards quashed for insufficiency. To this plea the State filed a demurrer which was sustained, and the plea adjudged insufficient.
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Indictment for perjury. Washington County, March Term, 1899, Thompson, J., presiding. The respondent pleaded in bar of the indictment that the alleged perjury consisted of testimony given by him in a former trial upon an indictment which was insufficient, and ■ was after-wards quashed for insufficiency. To this plea the State filed a demurrer which was sustained, and the plea adjudged insufficient. The respondent was then ordered to plead over, and filed a general demurrer to the indictment, which was overruled, and the case passed to the Supreme Court before final judgment. All the rulings…
1Opinion of the CourtTtler, J.
The respondent was indicted for perjury at the September Term, 1896, Washington County Court. He filed a demurrer to the indictment, which was overruled, and he was ordered to plead over, without prejudice to the demurrer, and he thereupon pleaded not guilty, was tried by jury at the following March Term and convicted. Sentence was respited, and the cause was passed to the Supreme Court, was heard at the January *29Term, 1898, when the demurrer was sustained and the indictment quashed.
The present indictment was found at the September term, 1897, while the former one was pending in the Supreme…
2Cases cited3 opinions
- Chamberlain v. . the PeopleNew York Court of Appeals · 1861
- Vaughn v. CongdonSupreme Court of Vermont · 1883
- Perry v. MorseSupreme Court of Vermont · 1885
3Cited by6 opinions
- West v. United StatesCourt of Appeals for the Sixth Circuit · 1919
- State v. BrownSupreme Court of Iowa · 1905
- Williford v. StateCourt of Appeals of Georgia · 1936
- Etheridge v. StateCourt of Criminal Appeals of Texas · 1915
- Kelley v. StateCourt of Criminal Appeals of Texas · 1907
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