State v. . Cline
Supreme Court of North Carolina
CeimiNal action, tried before Ferguson, J., and a jury, at February Term, 1908, of tbe Superior Court of Catawba County. This is an indictment for perjury, tbe bill being in tbe following words: “Tbe jurors for tbe State, upon tbeir oatb, present: That B. S. Cline, of Catawba County, did willfully, unlawfully and feloniously commit perjury upon tbe'trial of an action in a justice -of tbe peace’s court, before J. IT. McLelland, in Catawba County, wherein W. TI.
Read the full summary
CeimiNal action, tried before Ferguson, J., and a jury, at February Term, 1908, of tbe Superior Court of Catawba County. This is an indictment for perjury, tbe bill being in tbe following words: “Tbe jurors for tbe State, upon tbeir oatb, present: That B. S. Cline, of Catawba County, did willfully, unlawfully and feloniously commit perjury upon tbe'trial of an action in a justice -of tbe peace’s court, before J. IT. McLelland, in Catawba County, wherein W. TI. Marlow was plaintiff and B. S. Cline was defendant, by falsely and feloniously asserting, on oatb, that be, tbe said B. S. Cline,…
1Opinion of the Court
Waliceb, J.,
after stating the case: In the present state of the case we are not permitted to pass upon the sufficiency of the evidence to establish the crime of perjury. Our inquiry must necessarily be confined to the allegations of the bill. It cannot be that an indictment is defective and should be quashed merely because the State has failed, if it has done so, to make out its case. The evidence is not of that character which can be considered upon a motion to quash or a plea in. abatement. Sometimes, and not infrequently, extrinsic evi- denee is beard for tbe purpose of passing upon the…
2Cases cited6 opinions
- State v. . PetersSupreme Court of North Carolina · 1890
- State v. . GatesSupreme Court of North Carolina · 1890
- State v. . FlowersSupreme Court of North Carolina · 1891
- State v. . HarrisSupreme Court of North Carolina · 1907
- State v. . HortonSupreme Court of North Carolina · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. HymanSupreme Court of North Carolina · 1913
- State v. SmithSupreme Court of North Carolina · 1949
- State v. . HawleySupreme Court of North Carolina · 1923
- State v. . HawleySupreme Court of North Carolina · 1923
- State v. . ThompsonSupreme Court of North Carolina · 1893
1 more not listed; retrieve them via the Exa API.