State v. Mace
Supreme Judicial Court of Maine
On exceptions. Indictment for perjury. The verdict was guilty. A motion in arrest of judgment stated as one reason: " Because said indictment does not sufficiently charge an offence against the respondent under the constitution and laws of the State of Maine.” The motion was overruled and exceptions were taken to that ruling. The indictment was in the form prescribed by R. S., 1871, c. 122, § 5. . cited: R. S., c. 122, § 5; State v. Corson, 59 Maine, 187. cited: 2 Whar.
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On exceptions. Indictment for perjury. The verdict was guilty. A motion in arrest of judgment stated as one reason: " Because said indictment does not sufficiently charge an offence against the respondent under the constitution and laws of the State of Maine.” The motion was overruled and exceptions were taken to that ruling. The indictment was in the form prescribed by R. S., 1871, c. 122, § 5. . cited: R. S., c. 122, § 5; State v. Corson, 59 Maine, 187. cited: 2 Whar. Crim. L. § § 2200, 2198, 2234,-2236, 2237, 2243, 2263, 2255, 2616; R. S., c. 122, § 1; Constitution, Art. 1, § 7; 2 Arch.…
1Opinion of the CourtWalton, J.
The defendant is charged with having committed the crime of perjury "by falsely swearing to material matter in a writing signed by him.” The indictment makes no mention of the character or purpose of the writing. Nor does it state what the matter falsely sworn to was. Nor does it contain any averments which w7ill enable the court to determine that the oath was one authorized by law. The question is whether such an indictment can be sustained. We think it can not. It does not contain sufficient matter to enable the court to render an intelligent judgment. The recital of facts is not sufficient…
2Cited by9 opinions
- Fudge v. StateSupreme Court of Florida · 1909
- King v. StateSupreme Court of Georgia · 1898
- Hogue v. United StatesCourt of Appeals for the Fifth Circuit · 1910
- State v. Maine State Fair Ass'nSupreme Judicial Court of Maine · 1953
- State v. MarvelNew York Court of General Session of the Peace · 1924
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