State v. . Davis
Supreme Court of North Carolina
Motion to quash indictment for perjury, heard before Watts, J., at Spring Term, 1873, of Chowan Superior Court. The grounds upon which the defendant based his motion to quash are stated in the opinion of the Court. His Honor allowed the motion, and gave judgment that the indictment be quashed, and that the defendant go without day. From this judgment, Willis Bagley, Esq., Solicitor for the •State, appealed to this Court., cited to sustain the sufficiency of the indictment.
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Motion to quash indictment for perjury, heard before Watts, J., at Spring Term, 1873, of Chowan Superior Court. The grounds upon which the defendant based his motion to quash are stated in the opinion of the Court. His Honor allowed the motion, and gave judgment that the indictment be quashed, and that the defendant go without day. From this judgment, Willis Bagley, Esq., Solicitor for the •State, appealed to this Court., cited to sustain the sufficiency of the indictment. State v. Mumford, 1 Dev. 519. And 3 Archbold, 392.
1Opinion of the CourtRodman, J.
The counsel for the prisoner excepts to the sufficiency of the indictment in two particulars.
1. That it does not show how the alleged false testimony before the Justice was material upon the examination before him.
2. That the Court of the Justice is not described by its proper legal title.
1. In State v. Mumford, 1 Dev. 519, Taylor, C. J., says: “ It is laid down as a rule which I find no where controverted, that it should appear on the face of the indictment, that the oath taken was material to the question depending, not by setting forth the circumstances which render it so in describing the…
2Cited by10 opinions
- Maynard v. PeopleIllinois Supreme Court · 1890
- Fitch v. CommonwealthSupreme Court of Virginia · 1896
- Gray v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. . HesterSupreme Court of North Carolina · 1898
- Bell v. StateCourt of Criminal Appeals of Texas · 1914
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