State v. . Cline
Supreme Court of North Carolina
INDICTMENT for perjury, tried before Murphy, J., and a jury, at November Term, 1908, of Catawba. Tbe defendant was called upon to plead to tbe following bill of indictment: “Tbat B. S. Cline, of Catawba County, did willfully, unlawfully and feloniously commit perjury upon tbe trial of an action in a justice of the peace’s court, before J. EL Mclelland, in Catawba County, wherein W. II.
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INDICTMENT for perjury, tried before Murphy, J., and a jury, at November Term, 1908, of Catawba. Tbe defendant was called upon to plead to tbe following bill of indictment: “Tbat B. S. Cline, of Catawba County, did willfully, unlawfully and feloniously commit perjury upon tbe trial of an action in a justice of the peace’s court, before J. EL Mclelland, in Catawba County, wherein W. II. Marlow was plaintiff and B. S. Cline was defendant, by falsely and feloniously asserting, on oath, that he, the said B. S. Cline, offered to D. M. Boyd, a member of the Board of County Commissioners of ■…
1Opinion of the CourtConnor, J.
Professor Greenleaf, with his usual accuracy, thus defines perjury at the common law: “The crime is committed when a lawful oath is administered in some judicial proceeding'or due course of justice to a person who swears willfully, absolutely and falsely in a matter material to the issue or point in question.” 3 Greenleaf Ev., 191, citing 3 Inst., 164; 4 Blackstone Com., 1371; Hawk P. C., 69; 2 Roscoe’s Grim. Ev., 1045, 836. The indictment in this case conforms to the statute (Revisal, secs. 3246, 3247). The defendant, when called upon to plead, moved the court to quash the indictment because…
2Cases cited5 opinions
- State v. Van PeltSupreme Court of North Carolina · 1904
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- State v. . DoddSupreme Court of North Carolina · 1819
- State v. . StratSupreme Court of North Carolina · 1806
- State v. ChandlerSupreme Court of Vermont · 1869
3Cited by10 opinions
- State v. . SnipesSupreme Court of North Carolina · 1923
- State v. . WadfordSupreme Court of North Carolina · 1927
- State v. SnipesSupreme Court of North Carolina · 1923
- State v. SmithSupreme Court of North Carolina · 1949
- State v. . HawleySupreme Court of North Carolina · 1923
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