Morrell v. People
Illinois Supreme Court
Writ of Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. At the March term, 1863, Lewis Morrell was indicted in the court below, for perjury.
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Writ of Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding. At the March term, 1863, Lewis Morrell was indicted in the court below, for perjury. The portion of the indictment material to be presented here, is as follows: The grand jurors, &c., “present, that Lewis Morrell, on the 19th of March, 1863, in the county of Marion, before Jacob 0. Chance, clerk of the Marion Circuit Court, did then and there subscribe Ms name, and upon oath depose and say the statements contained in the affidavit, he so then and there subscribed his name were true, said affidavit…
1Opinion of the CourtJustice Walker
This was an indictment for perjury, averred to have been committed in swearing to an affidavit for a continuance of a cause in the Marion Circuit Court. A motion was entered in the court below to quash the indictment, which was overruled by the court. That decision, amongst other matters, is assigned as error. It is a familiar' rule of pleading that not only the falsity, but the materiality of the fact must appear from the averments in the indictment. It must also appear that the oath was administered by a person having competent legal authority, and that it was made in a judicial proceeding,…
2Cited by16 opinions
- Lambert v. . the PeopleNew York Court of Appeals · 1879
- Hereford v. PeopleIllinois Supreme Court · 1902
- Goslin v. CommonwealthCourt of Appeals of Kentucky · 1905
- Greene v. PeopleIllinois Supreme Court · 1899
- State v. VarnadoSupreme Court of Louisiana · 1923
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