State v. Terry
Supreme Court of Missouri
Error to Cole Circuit Cowrt. The defendant Terry was indicted for perjury charged to have been committed before the grand jury then sitting.
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Error to Cole Circuit Cowrt. The defendant Terry was indicted for perjury charged to have been committed before the grand jury then sitting. The indictment recited the names of the grand jurors; that they were regularly empannelled and sworn and charged, &C,.; that Robert V. Glover was appointed foreman, and as such was legally authorized to administer oaths to witnesses; that defendant was subpoenaed, appeared and was duly sworn by said foreman as a witness ; that it became and was a material question whether any person within the twelve months then last past, in the county of Cole, had bet…
1Opinion of the CourtScott, Judge
This was an indictment for perjury. The fake sweaMh|f^ was not alleged to have been done feloniously. %pfij^^.dict-ments for a felony, it is necessary to charge the\mninana%t|^ to have been done feloniously. Perjury is a felon^bjpQJJXsas^ laws, though not so at common law. The indictment was properly quashed.
It was urged by the defendant that, as a prosecutor, or complainant, or witness on the part of the State, could not be a competent grand juror, (R. C. 1855, p. 1167, § 2 & 3,) that the grand jury before which a perjury is committed by a witness could not indict such witness for the crime.…
2Cases cited1 opinion
- Strother v. ChristySupreme Court of Missouri · 1829
3Cited by4 opinions
- People v. . DoodyNew York Court of Appeals · 1902
- State v. FaulknerSupreme Court of Missouri · 1903
- State v. . WilcoxSupreme Court of North Carolina · 1889
- State v. AckermanSupreme Court of Missouri · 1908