State v. Chandler
Supreme Court of Vermont
Indictment for perjury. To the indictment the respondent demurred, and the court at the March term, 1869, Prout, J., presiding, pro forma, overruled demurrer, to which decision the respondent excepted.
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Indictment for perjury. To the indictment the respondent demurred, and the court at the March term, 1869, Prout, J., presiding, pro forma, overruled demurrer, to which decision the respondent excepted. The indictment set out the facts as to the trial of the cause referred to in the affidavit of the respondent, and that the defendant therein petitioned the supreme court for a new trial, in which petition it was alleged, and the indictment proceeded, as follows : “ That while said action was on trial before said county court, said court adjourned from Saturday, the 14th day of March, to Monday…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
We haye no doubt but that a party may be guilty, technically, of tire crime of perjury in knowingly and wilfully swearing to a false affidavit, made in support and aid of a petition for a new trial. The proceeding is authorized by law and is judicial; and the practice in respect to the use of affidavits is provided for by a rule of the court. In the present case the affidavit of the respondent was served and filed with the petition, and if material to the issue involved in that cause, was entitled to be used on the hearing. Under such…
2Cited by1 opinion
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