State v. Flagg

Indictment for perjury. Motion to-quash sustained. The charge is, that the defendant did, in a certain action pending in court against him, “on a motion to continue said above mentioned cause of action, upon his corporal oath, said oath having' been then and there administered by,” &c., “make the following affidavit, to-wit:” &c. The affidavit was to the truth of certain statements, and accompanied interrogatories‘filed to the plaintiffs. Our statute provides, 2 G-. & H., § 40, p. 450, that the false swearing must be “touching a matter material to the point *244in question.” - The indictment does…