White v. State
Mississippi Supreme Court
Error to tbe circuit court of Madison county. RolliNS, J. John White was indicted for perjury, in this, that he, in a petition to the judge, which was sworn to before a justice of the peace, stated that on a trial of him, said White, before said justice, for harboring a negro, “ that he was forced into a trial late on Saturday night, without giving him an opportunity to produce his witnesses,” when in fact, he was not so forced into trial, but that he demanded a trial at the…
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Error to tbe circuit court of Madison county. RolliNS, J. John White was indicted for perjury, in this, that he, in a petition to the judge, which was sworn to before a justice of the peace, stated that on a trial of him, said White, before said justice, for harboring a negro, “ that he was forced into a trial late on Saturday night, without giving him an opportunity to produce his witnesses,” when in fact, he was not so forced into trial, but that he demanded a trial at the time specified. A motion to quash the indictment was overruled, a jury empanelled, and defendant put upon his trial. It…
1Per curiam
The affidavit administered by the justice of the peace in this case, as a foundation for obtaining the writ of habeas corpus, was within the scope of the powers of a justice of the peace; and had the matter alleged to have been falsely sworn been material to the obtainment of the writ of habeas corpus, the defendant below might with propriety have been convicted. We are clearly of the opinion, however, that the oath, which it is said is false, was of a matter wholly immaterial to the end contemplated, and not calculated in any degree either to forward or retard the application. It is…
2Cited by1 opinion
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