Commonwealth v. McCarty
Massachusetts Supreme Judicial Court
Indictment for perjury, alleging that the defendant, having, on April 4, 1890, filed his petition in the Court of Insolvency, upon which due proceedings were had, on April 8 following filed in that court a written proposal for a composition with his creditors in due form of law; that at a hearing on this proposal before that court the defendant was duly sworn; and “ that then and there at said hearing before said court it became and was material upon said hearing and upon…
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Indictment for perjury, alleging that the defendant, having, on April 4, 1890, filed his petition in the Court of Insolvency, upon which due proceedings were had, on April 8 following filed in that court a written proposal for a composition with his creditors in due form of law; that at a hearing on this proposal before that court the defendant was duly sworn; and “ that then and there at said hearing before said court it became and was material upon said hearing and upon examination of said John McCarty, at said hearing, touching his said estate and his dealings therewith, to ascertain and…
1Opinion of the CourtW. Allen, J.
The first reason stated in the motion to quash the indictment is, that it is not sufficiently alleged that the matters inquired of were material to the issue.
The St. of 1884, c. 236, §§ 2, 3, provides that an insolvent debtor, after proceedings in insolvency are commenced, may file a proposal for composition with his creditors, and that the court shall order a hearing on such proposal. Section 6, as amended by the St. of 1889, c. 406, § 3, provides that the debtor shall be present at the hearing, and may then be examined touching his estate or his dealings therein. The indictment duly and…
2Cited by6 opinions
- Commonwealth v. BaronMassachusetts Supreme Judicial Court · 1969
- Commonwealth v. DevineMassachusetts Supreme Judicial Court · 1892
- Loudermilk v. StateSupreme Court of Arkansas · 1913
- Smith v. StateSupreme Court of Arkansas · 1909
- Territory of New Mexico v. LockhartNew Mexico Supreme Court · 1896
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