Legal Opinion · Dissent

State v. McBroom.

Supreme Court of North Carolina

Decided November 13, 1900Published

INDICTMENT against W. R. McBroom, heard by Judge Frederick Moore and a jury, at September Term, 1900, of PERSON Superior Court. Erom a verdict of guilty and judgment thereon, the defendant appealed.

1DissentClaRK, J.

The record in this case states: “The defendant was indicted in the following bill of indictment.” Here follows the indictment for perjury in regular form, setting forth, “The jurors on their oath present,” etc. There is nothing to contradict this record. The defendant pleaded not guilty, was tried, and sentenced to 12 months on the public roads. He made no motion to quash nor in arrest of judgment below, but the appeal came up solely on an exception to refusal of a prayer to- charge the jury that ■the false oath was in a matter not material to the issue— an exception which we have had no…

2Cases cited19 opinions

  1. Frisbie v. United StatesSupreme Court of the United States · 1895
  2. State v. . MosesSupreme Court of North Carolina · 1830
  3. State v. . WeaverSupreme Court of North Carolina · 1889
  4. State v. . HarrisSupreme Court of North Carolina · 1890
  5. State v. MurphySupreme Court of Missouri · 1871

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