Hoch v. People
Michigan Supreme Court
Error to Hillsdale Circuit. The plaintiff in error was tried and convicted in the Hillsdale Circuit of the crime of perjury.
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Error to Hillsdale Circuit. The plaintiff in error was tried and convicted in the Hillsdale Circuit of the crime of perjury. The indictment contained three counts, and in each count, alleged the perjury complained of to consist in the fact that the defendant below, Hocb, made oath, before a Justice of the Peace, that one Stillwell, at a given time, “did feloniously steal, take,' mid carry away a rifle, of the vabae of. fifteen dollars, of the property of him, the said Henry HochP The indictment contained all the usual adjectives' and adverbs, time and place, averment oí authority of the…
1Opinion of the Court
By the Court,
Johnson, J.
Two points are insisted upon-by counsel for plaintiff as grounds of error, viz: first, that it does not appear from the record that the matter upon which perjury is assigned is material, and second, that the complaint or affidavit made by the defendant states no facts but a legal conclusion, and not such facts as gave the Justice authority to issue a warrant.
Other errors were assigned in this case, but the foregoing *554were alone noticed in the argument, and we proceed to examine them in their order.
It is a rule nowhere controverted, that it should appear upon the face of…
2Cases cited1 opinion
- People v. PhelpsNew York Supreme Court · 1830
3Cited by7 opinions
- People v. LivelyMichigan Supreme Court · 2004
- People v. LonguemireMichigan Court of Appeals · 1978
- People v. RossCalifornia Supreme Court · 1894
- People v. CashMichigan Supreme Court · 1972
- People v. CashMichigan Court of Appeals · 1971
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