State v. Smith
Supreme Court of Vermont
Indictment for perjury. Heard upon demurrer at the September term, 1888, Orleans county, Nowell, J., presiding. Demurrer overruled and respondent adjudged guilty. After judgment and before sentence the respondent moved in arrest of judgment for the insufficiency of the indictment, which motion was denied. To the action of the court in overruling the demurrer and the motion in arrest, the respondent excepted.
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Indictment for perjury. Heard upon demurrer at the September term, 1888, Orleans county, Nowell, J., presiding. Demurrer overruled and respondent adjudged guilty. After judgment and before sentence the respondent moved in arrest of judgment for the insufficiency of the indictment, which motion was denied. To the action of the court in overruling the demurrer and the motion in arrest, the respondent excepted. Tlie indictment was as follows: “At the term of the County Court begun and held at Newport within and for the county of Orleans aforesaid, on the first Tuesday of February, A. D. 1887,. a…
1Opinion of the Court
The opinion of the court was delivered by
MUNSON, J.
The respondent claims that the common law offence of perjury does not exist in this State, and that the indictment is not sufficient under the statute. These claims are based upon a construction of R. L. 4262, 4263, which read as follows :
S. 1$6%. A person who being lawfully required to depose the truth in 'a proceeding in a court of justice commits perjury, ■shall be imprisoned in the State prison not more than fifteen years, and fined not more than one thousand dollars
S. J$63. A person of whom an oath is required by law, who wilfully swears…
2Cases cited2 opinions
- Farr v. BrackettSupreme Court of Vermont · 1857
- Commonwealth v. McLaughlinMassachusetts Supreme Judicial Court · 1877
3Cited by25 opinions
- Sallies v. JohnsonSupreme Court of Connecticut · 1911
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Rulovitch v. United StatesCourt of Appeals for the Third Circuit · 1923
- In re RosenfeldCourt of Appeals for the Second Circuit · 1919
- Williams v. Territory of ArizonaArizona Supreme Court · 1910
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