State v. Flagg

Indictment for perjury in an affidavit filed with interrogatories to the plaintiff, in an action in which *25the appellee was a defendant in court. It is alleged that the affidavit was filed for the purpose of procuring a continuance of the cause, and that the facts sworn to “werematerial to the issues joined.” This averment is not sufficient. The cause was not on trial, and the affidavit could not be used on the trial of the issues. The purpose was to' secure a continuance, and that, in the language of our statute, was “the point in question.” In the case of Regina v. Philpotts, 8 Eng. L. & Eq.…