State v. Perry
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. F. K. Gay-nor, Judge. The defendant was accused in tbe indictment of perjury, it being alleged therein that on or about the 14th day of June, in the year of our Lord 1901, in the county of Woodbury and state of Iowa, in a criminal proceeding entitled “The State of Iowa vs. Fred Perry,” the said Fred Perry was charged and accused, on preliminary information, of the .crime of indecent exposure of his person; that the said criminal…
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Appeal from Woodbury District Court. — Hon. F. K. Gay-nor, Judge. The defendant was accused in tbe indictment of perjury, it being alleged therein that on or about the 14th day of June, in the year of our Lord 1901, in the county of Woodbury and state of Iowa, in a criminal proceeding entitled “The State of Iowa vs. Fred Perry,” the said Fred Perry was charged and accused, on preliminary information, of the .crime of indecent exposure of his person; that the said criminal proceeding was then and there pending in the police court of the city of Sioux City, Iowa, and before R. H. Munger, the…
1Opinion of the Court
Ladd, O. J. —
*4661 *465Was an averment of the precise date of the offense essential to the sufficiency of the indictment? Not unless time was a material ingredient of the crime. Section 5285, Code. That it was not, appears from the *466numerous decisions to the effect that strict proof that the perjury charged was committed on the day alleged is not essential, save when necessary to identify a record, deposition, or affidavit in which the oath was taken When a copy of the record or the other paper containing the oath alleged to be false is set out in Timo verbas in the indictment, and the alleged…
2Cases cited18 opinions
- Dill v. PeopleSupreme Court of Colorado · 1894
- Keator v. PeopleMichigan Supreme Court · 1875
- Maynard v. PeopleIllinois Supreme Court · 1890
- State v. . LewisSupreme Court of North Carolina · 1885
- Matthews v. United StatesSupreme Court of the United States · 1896
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3Cited by5 opinions
- State v. AbramsSupreme Court of Iowa · 1906
- State v. BrownSupreme Court of Iowa · 1905
- State v. StilwellOregon Supreme Court · 1923
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1917
- State v. RocheSupreme Court of Iowa · 1908