Legal Opinion

Commonwealth v. Johns

Massachusetts Supreme Judicial Court

Decided September 15, 1856PublishedCited by 1 opinion

Indictment for perjury at the trial of an action before a justice of the peace, between Benjamin Baldwin as plaintiff and Frederick Abbey as defendant.

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Indictment for perjury at the trial of an action before a justice of the peace, between Benjamin Baldwin as plaintiff and Frederick Abbey as defendant. The indictment alleged that, upon said trial, “ it became and was a material question whether a certain cow was bought of one Gordon Joiner by the said Benjamin Baldwin or by the said Daniel Johns; whether certain gravestones purchased by said Baldwin of said Johns were sold by said Johns to said Baldwin in part payment for the purchase money paid for the cow bought of said Joiner or in part payment for a previous indebtedness of said Johns to…

1Opinion of the CourtMetcalf, J.

When any one distinct assignment of perjury, in an indictment for that offence, is well made, and the defendant is found guilty, he must be sentenced on his conviction, however defective the other assignments may be. This is the settled law. Regina v. Rhodes, 2 Ld. Raym. 887. State v. *277Hascall, 6 N. H. 358. De Bernie v. State, 19 Alab. 23. If therefore we find the last assignment, in this ease, to be sufficient, we shall not need to decide upon the sufficiency of either of the other assignments.

The indictment alleges that, upon the trial before the justice, “ it became and was a material…

2Cases cited1 opinion

  1. State v. BishopSupreme Court of Vermont · 1797

3Cited by1 opinion

  1. People v. FolletteCalifornia Court of Appeal · 1925

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