State v. Fasset
Supreme Court of Connecticut
This was an indictment for an assault with intent to murder John B. Dwight. At the term of the superior court in October, 1844, there was a motion to quash the indictment, on two grounds: 1st, because the witnesses, who testified before the grand-jury, were not sworn in court, but by a justice of the peace, in the grand-jury room, who was himself a member of the grand-jury; and 2dly, because the grand-jury received the testimony of several witnesses as to the declarations of…
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This was an indictment for an assault with intent to murder John B. Dwight. At the term of the superior court in October, 1844, there was a motion to quash the indictment, on two grounds: 1st, because the witnesses, who testified before the grand-jury, were not sworn in court, but by a justice of the peace, in the grand-jury room, who was himself a member of the grand-jury; and 2dly, because the grand-jury received the testimony of several witnesses as to the declarations of the deceased, made not in presence of the accused, and when the deceased was not in a dying state; which declarations,…
1Opinion of the Court
Williams, Ch. J.
As to the first objection, there is no doubt that the witnesses before the grand-jury should be *464sworn, and in such a manner, that if the testimony was false, they might be indicted for perjury, as was ruled by Judge Story, in The United States v. Coolidge, 2 Gallis. 364. And where, after conviction, it was shown to the court, that the witnesses before the grand-jury were not sworn, the judges recommended the prisoner for a pardon. Rex v. Dickinson, Russ. & Ry. Crown Cases, 401. And so where the witnesses were sworn, by the proper officer, but on a day when the court was not…
2Cases cited2 opinions
- Huidekoper v. CottonSupreme Court of Pennsylvania · 1834
- Owens v. VanhookSupreme Court of Pennsylvania · 1834
3Cited by73 opinions
- State v. PiskorskiSupreme Court of Connecticut · 1979
- State v. HayesSupreme Court of Connecticut · 1941
- State v. MorrillSupreme Court of Connecticut · 1985
- State v. CampbellSupreme Court of Kansas · 1906
- State v. AvcollieSupreme Court of Connecticut · 1982
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