Legal Opinion

State v. Ela

Supreme Judicial Court of Maine

Decided January 26, 1898PublishedCited by 6 opinions

On Exceptions by Defendant. This was an indictment for perjury, containing three counts, found by tbe grand jury of this court sitting below'at Bath, County of Sagadahoc, on the third Tuesday of August, A. D. 1895. The indictment is as follows:— ....

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On Exceptions by Defendant. This was an indictment for perjury, containing three counts, found by tbe grand jury of this court sitting below'at Bath, County of Sagadahoc, on the third Tuesday of August, A. D. 1895. The indictment is as follows:— .... “that Richard Ela of Cambridge, in the County of Middlesex and Commonwealth of Massachusetts, on the first day of April in the year of our Lord one thousand eight hundred and ninety, at Bath, in the said county of Sagadahoc, before William T. Hall, judge of the court of probate, within and for the said county of Sagadahoc, then and there having…

1Opinion of the CourtStrout, J.

This indictment contains three counts. The first charges oral perjury in testifying before the Probate Court. The other two charge perjury in swearing to the truth of a paper signed by the defendant. The first count follows substantially the form given in R. S., c. 122, § 4, which was held good in State v. Corson, 59 Maine, 139. It charges that the testimony was material to the issue then pending. But the count alleges that the parties to this proceeding were Alfred Ela and Lucia Ela. The testimony complained of was, that the defendant had made search among his own papers and those of Lucia…

2Cases cited2 opinions

  1. People v. FoxMichigan Supreme Court · 1872
  2. Beecher v. AndersonMichigan Supreme Court · 1881

3Cited by6 opinions

  1. Weinstein v. StateCourt of Appeals of Maryland · 1924
  2. Fudge v. StateSupreme Court of Florida · 1909
  3. State v. BlaisdellSupreme Judicial Court of Maine · 1969
  4. State v. PapalosSupreme Judicial Court of Maine · 1954
  5. State v. PottsSupreme Judicial Court of Maine · 1958

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