State v. Vandemark
Supreme Court of Connecticut
Prosecution for perjury, brought to the Superior Court in New Haven County and tried to the jury before. Ralph Wheeler, J„; verdict and judgment of guilty, and appeal by the accused.
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Prosecution for perjury, brought to the Superior Court in New Haven County and tried to the jury before. Ralph Wheeler, J„; verdict and judgment of guilty, and appeal by the accused. The accused, Willis Yandemark, with seven others, were prosecuted before the Superior Court for New Haven county in May, 1903, upon an information charging them with unlawfully conspiring to assault and wound certain employees of the Connecticut Railway and Lighting Company, a corporation then operating an electric railway in the city of Water bury, and with, in pursuance of said conspiracy, on February 26th,…
1Opinion of the CourtHamersley, J.
The court did not err in sustaining the demurrer. If the plea is intended as a plea of former acquittal it is plainly bad. Criminal conspiracy to commit an assault, and perjury, are offenses wholly distinct from each other; it is impossible that evidence sufficient to prove the former can be sufficient to prove the latter. If it is intended as a plea alleging facts deemed sufficient in law to operate as a bar other than former acquittal, former conviction, and the statute of limitations, it is - also clearly bad. 2 Swift’s Digest, 425. But this technical defect is immaterial, as the defendant…
2Cases cited4 opinions
- Coffey v. United StatesSupreme Court of the United States · 1886
- Cooper v. CommonwealthCourt of Appeals of Kentucky · 1899
- State v. CaywoodSupreme Court of Iowa · 1895
- State v. WilliamsSupreme Court of Kansas · 1899
3Cited by27 opinions
- Allen v. United StatesCourt of Appeals for the Fourth Circuit · 1912
- Jay v. StateAlabama Court of Appeals · 1916
- Ruocco v. LogioccoSupreme Court of Connecticut · 1926
- Yarbrough v. StateSupreme Court of Florida · 1920
- State v. HeatonNorth Dakota Supreme Court · 1927
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