State v. Varnado
Supreme Court of Louisiana
Appeal from Twenty-Fifth Judicial District Court, Parish of Tangipahoa; Robert S. Ellis, Judge. W. W. Varnado was indicted for perjury. From a judgment quashing the indictment, the State appeals.
1DissentO’Niell, C. J.
It is conceded, in the opinion submitted by Mr. Justice Land that the indictment does not charge, or intend to charge, that perjury was committed by the accused “on his oath or affirmation in any suit, controversy, matter or cause depending in any of the courts of this state.” It is conceded that the indictment intends to charge that perjury was committed “in a [any] deposition or affidavit taken or made pursuant to its law,” meaning the state’s laws.
It is also conceded, as I read the opinion, that perjury cannot be committed — either at common law or by the very terms of the statute — in a…
Also in this document: Concurrence.
2Cases cited7 opinions
- State v. BoassoSupreme Court of Louisiana · 1886
- State v. DreifusSupreme Court of Louisiana · 1886
- State v. GauthreauxSupreme Court of Louisiana · 1886
- State v. CafieroSupreme Court of Louisiana · 1903
- State v. JonesSupreme Court of Louisiana · 1894
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