Legal Opinion · Dissent

State v. Rother

Montana Supreme Court

Decided November 9, 1956No. 9544Published

1Dissent

MR. CHIEF JUSTICE ADAIR:

I dissent:

The Charge. By information filed in the district court of Lewis and Clark County, the defendant, James Rother, Jr., was accused of the crime of perjury alleged to have been committed on or about the 19th day of October 1949 at the County of Lewis and Ciarle, in the State of Montana, in that he did then and there, after having taken an oath, wilfully, wrongfully, unlawfully and feloniously, knowingly and falsely state, declare, depose and certify as true a material matter which he knew to be false in an affidavit to and on a claim for refund of gasoline taxes…

2Cases cited18 opinions

  1. People v. RathbunNew York Supreme Court · 1839
  2. People v. AgnewCalifornia Court of Appeal · 1947
  3. State v. CassillMontana Supreme Court · 1924
  4. State v. HoblSupreme Court of Kansas · 1921
  5. People v. Vario, New York County Courts1938

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