State v. Morse
Supreme Court of Iowa
Error, to Johnson District Court. Indictment for perjury, framed in the usual form, but omitting to charge the perjury in the language of the statute. It alleges that Morse “ falsely, maliciously, wilfully, wickedly, and corruptly, and by his own proper act and consent upon his said oath, did depose and swear in writing,” &c.
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Error, to Johnson District Court. Indictment for perjury, framed in the usual form, but omitting to charge the perjury in the language of the statute. It alleges that Morse “ falsely, maliciously, wilfully, wickedly, and corruptly, and by his own proper act and consent upon his said oath, did depose and swear in writing,” &c. The indictment then sets forth the defendant’s plea, in an action of assumpsit against him on a promissory note, and in which plea, verified by his oath, he denies his signature to the note. After setting forth the plea and affidavit, the indictment charges “ that in…
1Opinion of the Court
Opinion by
Hastings, C. J.
The omission in the indictment to charge, in the language of the statute, that the defendant deposed, affirmed, or declared some matter to be fact, knowing the same to he false, or denied some matter to be fact, knowing the same to be true, is a substantial defect, and is not cured by any statute. The statute 'referred to by the prosecuting attorney, providing-that “no indictment shall be quashed if an indictable offence is clearly charged therein, or if the charge be so explicitly set forth that judgment can be rendered thereon,” does not cure the defect, for the…
2Cited by1 opinion
- State v. PowellTexas Supreme Court · 1866