State v. Offutt

» Dewey, J.

This was an indictment for perjury, charged to have been committed in giving evidence before a grand jury, legally impanelled in the Rush Circuit Court. The prisoner move'd the Court to quash the indictment; the motion w;as sustained, and the prisoner discharged. The reason assigned in support of the motion, and alleged - by the Court as the ground of quashing the indictment, was, that the “law does not warrant an indictment for perjury founded on a swearing before a grand jury.”

There is not the slightest foundation for this proposition. By our statute, every person, who, having…