State v. J. B.
Supreme Court of Vermont
THIS was an indictment for perjury, in swearing falsely m a certain deposition sworn to before Joñathan JBoit, Esquire, one of the Justices of the Peace of Franklin County, on the 9th September, 1796; which deposition was taken to be used, and was used 1 in a cause then pending in Chittenden County Court, . J wherem one Ljimphire was plaintiff and one Brown defendant.
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THIS was an indictment for perjury, in swearing falsely m a certain deposition sworn to before Joñathan JBoit, Esquire, one of the Justices of the Peace of Franklin County, on the 9th September, 1796; which deposition was taken to be used, and was used 1 in a cause then pending in Chittenden County Court, . J wherem one Ljimphire was plaintiff and one Brown defendant. The indictment contained the usual averinents of the materiality of the facts sworn to by the deponent, and then negated them. And so the grand jurors aforesaid on their oath say, that the said J. B. »n tggtinjQjjy given in said…
1Opinion of the Court
Sed per Curiam.
The prisoner is on trial for testifying to certain facts stated in a deposition made by him before a magistrate. The truth of those stated *271iactsjis negated in the indictment, and it appeal's in evidence that they are true. As a general rule, this is certainly good shewing in defence on an indictment of this nature.
Levi House, for the State. Amos Marsh and W. C. Harrington, for the prisoner.
If the prisoner was guilty of perjury in his viva voce testimony, he may yet be indicted for it. Perhaps it might have been more correct to have inserted other counts in the indictment…
2Cited by1 opinion
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