Commonwealth v. Knight
Massachusetts Supreme Judicial Court
[*274] * The indictment in this case alleged, that, at a justice’s court, holden before G. E. Vaughan, Esq., one of the justices of the peace, &c., at, &c., on., &c., a certain issue duly joined in the court aforesaid, between Lucy Fogg, of, &c., as plaintiff, and Joseph Griffin, of, &c., defendant, in a certain plea of trespass, wherein the said Joseph Griffin was charged with having, by force and arms, broken and entered the close of the said Lucy Fogg, and with having cut…
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[*274] * The indictment in this case alleged, that, at a justice’s court, holden before G. E. Vaughan, Esq., one of the justices of the peace, &c., at, &c., on., &c., a certain issue duly joined in the court aforesaid, between Lucy Fogg, of, &c., as plaintiff, and Joseph Griffin, of, &c., defendant, in a certain plea of trespass, wherein the said Joseph Griffin was charged with having, by force and arms, broken and entered the close of the said Lucy Fogg, and with having cut down, taken, and carried away one large pine-tree there growing, of the value of twenty dollars, and with converting…
1Opinion of the CourtJackson, J.
We do not think either of the two first objections to the indictment sufficient, on which to arrest the judgment.
Every person who appears as a witness, and is duly sworn before a competent court on the trial of an issue there depending, is “ lawfully required to depose the truth.” It is not necessary that it should appear, in an indictment for perjury, whether the witness was compelled to attend by a subpoena, or whether he attended voluntarily; nor whether the false affirmation was made in answer to a specific question put to him, or in the course of his own relation of the facts. In either…
2Cited by6 opinions
- Commonwealth v. GilesMassachusetts Supreme Judicial Court · 1966
- Gray v. StateCourt of Criminal Appeals of Oklahoma · 1910
- People v. De CarloCalifornia Supreme Court · 1899
- Commonwealth v. WrightMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. GilesMassachusetts Supreme Judicial Court · 1966
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