State v. Ruddy
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Eon. James A. Cooley, Judge. (1) Motion to quash the indictment should have been sustained, (a) For the reason that the indictment does not contradict the alleged false testimony of the defendant.
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Appeal from Adair Circuit Court. — Eon. James A. Cooley, Judge. (1) Motion to quash the indictment should have been sustained, (a) For the reason that the indictment does not contradict the alleged false testimony of the defendant. There is no special averment negativing the matter set out in .the indictment, (b) Because it does not appear from the face of the indictment that the alleged false testimony was material to the investigation being conducted by the grand jury, and because no facts are set out from •which, the court could determine the materiality of the alleged false testimony.…
1Opinion of the Court
The appellant in the Circuit Court of Adair County, was convicted of the crime of perjury, and his punishment assessed at two years' imprisonment in the penitentiary.
He was charged with having sworn falsely in a matter pending before the grand jury of Adair County. At the January term, 1919 of the circuit court of that county, a grand jury had under investigation violations of the Local Option Law. It was admitted that the Local Option Law was in force in Adair County, outside the City of Kirksville. Complaints had been made to the grand jury that Jim Benvenetto and Sadie Benvenetto, within a…
2Cases cited10 opinions
- State v. SmithSupreme Court of Vermont · 1890
- State v. WakefieldSupreme Court of Missouri · 1881
- State v. KeelSupreme Court of Missouri · 1873
- Glasgow v. MooreSupreme Court of Missouri · 1846
- People v. . ClementsNew York Court of Appeals · 1887
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3Cited by4 opinions
- Carroll v. United StatesCourt of Appeals for the Second Circuit · 1927
- State v. BrinkleySupreme Court of Missouri · 1945
- State v. BradfordSupreme Court of Missouri · 1926
- State v. NorrisSupreme Court of Missouri · 1923