Braeutigam v. State

The opinion of the court was delivered by

Garrison, J.

An indictment for perjury having been brought into this court by a writ of certiorari, a motion is now made that it be quashed. The motion must prevail. That which is charged does not constitute an offence, while the offence that is probably meant is not charged.

The averment of the indictment is that a certain suit at law in an action upon contract against the defendant was pending in a court competent to try the cause, and that thereupon, with respect to a material question between the parties, the defendant made a false affidavit and…