State v. O'Hagan

1 law: perjury. — I. The indictment charges that “ the defendant was then and there duly sworn before the court, and took his oath before said court, the said court then having fup[ an(j competent authority to administer an oath to him in that behalf.” It is, now and here, objected that the indictment does not allege that the oath which the defendant violated was administered by any one. But this objection could not avail, even on demurrer. For it is well recognized by the authorities that it is sufficient to charge that the defendant was “duly sworn.” Dodge v. The State, 4 Zabriskie, (N. J.)…