Territory of New Mexico v. Lockhart
New Mexico Supreme Court
Appeal, from the Second Judicial District Court, Bernalillo County, sustaining a demurrer to an indictment against defendant for perjury. The facts are stated in the opinion of the court. While an averment of the materiality of false testimony is necessary in an indictment for perjury, yet the pleader may, at his election, say that it was material, or set forth such facts as to show its materiality in law. 2 Bish. Crim. Proc., sec. 921; State v. Sharpe, 85 Am.
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Appeal, from the Second Judicial District Court, Bernalillo County, sustaining a demurrer to an indictment against defendant for perjury. The facts are stated in the opinion of the court. While an averment of the materiality of false testimony is necessary in an indictment for perjury, yet the pleader may, at his election, say that it was material, or set forth such facts as to show its materiality in law. 2 Bish. Crim. Proc., sec. 921; State v. Sharpe, 85 Am. Dec. 498; 2 Whar. Crim. Law, 153; Kelly’s Crim. Law and Prac. 557; Wood v. People, 59 N. Y. 117; Walson v. State, 5 Tex. App. 11;…
1Opinion of the CourtBantz, J.
The defendant was indicted in Bernalillo county for perjury committed while testifying in a civil cause in the district court. To that indictment a demurrer was interposed, her demurrer was sustained and the territory has appealed.
The indictment in the first count sets out a number of things testified to by the defendant touching conversations she had with Leeds, Johnson, and Wills, but in the assignment of the perjury the indictment did not negative in terms the facts so testified to, but avers that in truth and in fact that Leeds, Johnson, and Wills “did not make any such statements or…
2Cases cited4 opinions
- Gibson v. StateSupreme Court of Alabama · 1870
- State v. MaceSupreme Judicial Court of Maine · 1884
- Commonwealth v. McCartyMassachusetts Supreme Judicial Court · 1891
- State v. ThompsonSupreme Court of North Carolina · 1893
3Cited by3 opinions
- State v. BorundaNew Mexico Court of Appeals · 1972
- State v. NaranjoNew Mexico Supreme Court · 1980
- State v. NaranjoNew Mexico Court of Appeals · 1979