State v. Header

Dissenting opinion by

Roxce, Ch. J.

I am unable in this case to concur in the opinion of the majority of my learned brethren ; and as it seems to me that the conclusions reached by them are neither justified by the facts which appear in the case as reported, or supported in any degree by the authorities quoted, as legal propositions, and as the rule laid down seems to me one which must in practical application prove very seriously embarassing, I, though with great reluctance, deem it my duty to place my dissent and its reasons upon the record.

The respondent was indicted for perjury, alleged to…