State v. . Dodd
Supreme Court of North Carolina
1 I From Rutherford. J The indictment charged, “ that at a Superior Court of “ Law, opened and held for the County of Rutherford, by “ the Honorable Duncan Cameron, one of the Judges of u the Superior Courts of Law and Equity, in and for the “ State of North-Carolina, and County aforesaid, on the “ third Monday after the fourth Monday of March, eigh- “ teen hundred and sixteen, there was a bill of indictment “ preferred, and sent to the Grand Jury of said Court, in “ behalf…
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1 I From Rutherford. J The indictment charged, “ that at a Superior Court of “ Law, opened and held for the County of Rutherford, by “ the Honorable Duncan Cameron, one of the Judges of u the Superior Courts of Law and Equity, in and for the “ State of North-Carolina, and County aforesaid, on the “ third Monday after the fourth Monday of March, eigh- “ teen hundred and sixteen, there was a bill of indictment “ preferred, and sent to the Grand Jury of said Court, in “ behalf of the State, against Joseph Hamilton and Noble “ Hamilton, for a charge of assault and battery, alleged to “ have been…
1Opinion of the CourtHenderson, Judge
The indictment charges a kind of quasi perjury, unknown in our laws, and entirely inconsistent with our ideas of criminal acts. For, in the absence of positive acts of the Legislature, where the will of the Legislature stands for tlie reason of the law, we know of no rule or criterion by which an act can be ascertained to be criminal, but that of its being against the interest of the State. A false oath is only injurious to the State, or even to an individual, where it tends to prevent right. Therefore, to constitute perjury, it must be to some material fact tending to injure some person. If…
2Cited by2 opinions
- State v. SmithSupreme Court of North Carolina · 1949
- State v. . ClineSupreme Court of North Carolina · 1909