State v. Potts

The validity of an indictment for subornation of perjury is here tested on exceptions to the overruling of the demurrer of respondents Frank and Hattie Potts. By agreement of the parties, of which we approve, our decision in the instant case will govern a second case against the same respondents raising identical issues on an indictment substantially like that in the record before us except for the name of the suborned witness.

The pertinent statutes found in R. S., c. 135 read :

“Sec. 1. Perjury; subornation of perjury, definitions. — Whoever, when required to tell the truth on oath or…