State v. . Ledford
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Yancy County, at tbe Fall Term, 1845, his Honor Judge Bailer presiding. The defendant was convicted in the Superior Court of Yancy of Perjury, upon an indictment, which charges “ that at a Superior Court of Law for the County of Yancy held at &e., on the second Monday after the fourth Monday of June A. D. 1845, before'the Honorable David F. Caldwell, one of tlie Judges of the Superior Courts of Law for the State, a certain issue…
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Appeal from the Superior Court of Law of Yancy County, at tbe Fall Term, 1845, his Honor Judge Bailer presiding. The defendant was convicted in the Superior Court of Yancy of Perjury, upon an indictment, which charges “ that at a Superior Court of Law for the County of Yancy held at &e., on the second Monday after the fourth Monday of June A. D. 1845, before'the Honorable David F. Caldwell, one of tlie Judges of the Superior Courts of Law for the State, a certain issue between one Marcus L. Penland and one John Ledford in a certain plea of trespass on the case, wherein the said Maróus L.…
1Opinion of the CourtRuffin, C. J.
The objections will be most conveniently disposed of, by first considering those to the indictment. It is certainly necessary the indictment should shew, that the false oath vas taken in a judicial proceeding, and, in, order thereto, it must shew a matter pending in some.' Court having competent jurisdiction,, and held by a person authorised to do so. •
Those matters must be truly laid, because the proof' must establish them in order to constitute the imputed Perjury. Here, the indictment lays the trial of a certain suit in the Superior Court of Lav for Yancy County, at a certain term of that…
2Cited by3 opinions
- State v. EleySupreme Court of North Carolina · 1990
- King v. . WorsleySuperior Court of North Carolina · 1805
- Stallings v. . StallingsSupreme Court of North Carolina · 1829