State v. Cockran
Court of Appeals of North Carolina
Tried before Mr. Justice Gaillard, at Gre.enville, Spring Term, 1828. This was an indictment for perjury in an affidavit, made before John Townsend, Esq. a Justice of the Peace, for Greenville District. ’ The affidavit was, in substance, that the deponent, the present defendant, had been summoned before George Bayne, Esq. another Justice of the Peace, at the suit of William Pollard ; that the deponent attended, and requested a postponement 'of the trial on account of the.…
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Tried before Mr. Justice Gaillard, at Gre.enville, Spring Term, 1828. This was an indictment for perjury in an affidavit, made before John Townsend, Esq. a Justice of the Peace, for Greenville District. ’ The affidavit was, in substance, that the deponent, the present defendant, had been summoned before George Bayne, Esq. another Justice of the Peace, at the suit of William Pollard ; that the deponent attended, and requested a postponement 'of the trial on account of the. absence of a witness, and that Bayne refused the postponement, saying it was unnecessary, as the deponent might himself…
1Opinion of the CourtNott, J.
The motion in arrest of judgment is based upon two grounds.’
1st. That the act of Assembly of 1796, 2 Faust, 83, which renders a magistrate liable to be removed from office by the Governor, upon his conviction of a misdemeanor in a Court of Sessions, is unconstitutional; and, therefore, an affidavit made for that purpose, although false, does not constitute the offence of perjury. It is contended, that by the Constitution, all civil officers are to be removed from office by impeachment, and that as a magistrate is a civil officer, he cannot be removed in any other manner. But the removal from…
2Cited by1 opinion
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