People v. Robertson

Riker, Recorder.

The defendant in this case has been convicted of perjury. He made an affidavit in the Police Office, on the 23d of July last, before Henry Abell, one of the Police Magistrates, in which he charged one Isaac Bishop with having stolen fourteen sacks or bales of wool, of the value of one thousand dollars. It is now moved to arrest the judgment on two grounds:

1st. Because the deposition is not in due form of law.

2d. Because the indictment is defective.

The first objection to the deposition is, that the defendant has been made to swear to a conclusion of law, and not to mere facts.…