State v. Webber
Supreme Court of Vermont
Indictment for perjury. Heard on demurrer to the in- . dictment at the June Term, 1905, Caledonia County, Munson, J., presiding. Demurrer overruled, pro forma, and indictment adjudged sufficient. The respondent excepted. The indictment should have alleged by whom the oath was administered, and show that such person was legally qualified h> administer an oath. 2 Bish. New Crim.
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Indictment for perjury. Heard on demurrer to the in- . dictment at the June Term, 1905, Caledonia County, Munson, J., presiding. Demurrer overruled, pro forma, and indictment adjudged sufficient. The respondent excepted. The indictment should have alleged by whom the oath was administered, and show that such person was legally qualified h> administer an oath. 2 Bish. New Crim. Proc., § 902; Merrell v. People, 32 Ill. 499; Kerr v. People, 42 Ill. 307; State v. Schill, 27 Iowa 263; U. S. v. Wilcox, 4 Blatchf. ■39i. The indictment is fatally defective in not alleging the subject-matter being…
1Opinion of the CourtPowers, J.
This is an indictment in two counts charging the respondent with perjury before the grand’ jury of Caledonia County at its June session, 1905. The indictment and each count thereof is demurred to ; and we are called upon *465to determine the sufficiency of the statutory form, (V. S. 5417, F. 49), in conformity to which this indictment is drawn.
The first ground of demurrer urged by the respondent is that neither count contains a sufficient allegation that the respondent was sworn before the grand jury by a person legally qualified to administer the oath. The first count is entirely silent on this…
2Cases cited6 opinions
- State v. . PetersSupreme Court of North Carolina · 1890
- State v. CorsonSupreme Judicial Court of Maine · 1871
- Commonwealth v. TaylorCourt of Appeals of Kentucky · 1895
- State v. CamleySupreme Court of Vermont · 1894
- State v. ComstockSupreme Court of Vermont · 1854
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3Cited by5 opinions
- People v. GilletteAppellate Division of the Supreme Court of the State of New York · 1908
- State v. Van NessSupreme Court of Vermont · 1938
- State v. VillaSupreme Court of Vermont · 1918
- State v. PapalosSupreme Judicial Court of Maine · 1954
- State v. PopolosSupreme Judicial Court of Maine · 1954