State v. Hascall
Superior Court of New Hampshire
Indictment for perjury, alleged to have been, committed at Plaistow, in the county of Rockingham, before Benjamin George, Esq. a justice of the peace, on the the 21st January, 1830, in swearing that a certain complaint, made by said Hascall, against one Cyrus Fitts, for the purpose of obtaining sureties to keep the peace, was true.
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Indictment for perjury, alleged to have been, committed at Plaistow, in the county of Rockingham, before Benjamin George, Esq. a justice of the peace, on the the 21st January, 1830, in swearing that a certain complaint, made by said Hascall, against one Cyrus Fitts, for the purpose of obtaining sureties to keep the peace, was true. The indictment alleged, that said Hascall, upon his oath, in his complaint aforesaid, “ falsely, wickedly, and corruptly, did say, depose, and swear,” among other things, that said Cyrils Fitts, on the 28th of November, 1829, “did threaten to do him the said John…
1Opinion of the CourtParkeR, J.
The motion of the prisoner for a new trial rests, in the first place, upon the want of evidence that the individual who acted as a magistrate, and before whom the perjury is alleged to have been committed, was a competent magistrate ; and because, if he was so, the pendency of the prisoner’s complaint before him was not proved by competent evidence;
Justices of the peace have a general jurisdiction to receive complaints, administer the proper oaths thereon, and issue warrants for the arrest of offenders, and it is sufficient, in the first instance, to prove the person an acting magistrate,…
2Cases cited9 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- People v. Columbia Common PleasNew York Supreme Court · 1828
- Whitney v. WhitmanMassachusetts Supreme Judicial Court · 1809
- State v. FreemanSupreme Court of Connecticut · 1824
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3Cited by8 opinions
- Eckel v. BreezeOregon Supreme Court · 1960
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- State v. HowardSuperior Court of New Hampshire · 1845
- Allen, Cummings & Co. v. AldrichSuperior Court of New Hampshire · 1854
- Tenney v. EvansSuperior Court of New Hampshire · 1843
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