Commonwealth v. Butland
Massachusetts Supreme Judicial Court
Indictment for perjury'in two counts. The first count alleged that on March 25,1875, at Boston, in the county of Suffolk and Commonwealth of Massachusetts, “ one Lovell K. Currier was brought before the Municipal Court of the city of Boston, holden at said Boston for the transaction of criminal business upon a complaint in due form of law, charging him, said Currier, with the crime of perjury, committed at said Boston; that the further consideration of said complaint was…
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Indictment for perjury'in two counts. The first count alleged that on March 25,1875, at Boston, in the county of Suffolk and Commonwealth of Massachusetts, “ one Lovell K. Currier was brought before the Municipal Court of the city of Boston, holden at said Boston for the transaction of criminal business upon a complaint in due form of law, charging him, said Currier, with the crime of perjury, committed at said Boston; that the further consideration of said complaint was continued until the sixth day of April then next ensuing; and that on said sixth day of April, said Currier being lawfully…
1Opinion of the CourtMorton, J.
The motion to quash the indictment was rightly overruled. The statute provides that in every indictment f u *321perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant in the criminal case in which the perjury is alleged to have been committed, and by what court or before whom the oath was taken or made, without setting forth the indictment or any part of any proceedings, and without setting forth the commission or authority of the court or person before whom the offence of perjury was committed. St. 1860, c. 186, § 1.
The principal reason for quashing…
2Cases cited2 opinions
- Commonwealth v. HatfieldMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. CarelMassachusetts Supreme Judicial Court · 1870
3Cited by17 opinions
- Hammer v. United StatesSupreme Court of the United States · 1926
- Commonwealth v. GaleMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. CoshnearMassachusetts Supreme Judicial Court · 1935
- State v. StoreySupreme Court of Minnesota · 1921
- State v. CampbellSupreme Court of Connecticut · 1918
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