State v. . Champion
Supreme Court of North Carolina
INDICTMENT for perjury, tried at January Term, 1895, of FeanKlin Superior Court. There was a motion to quash the bill of indictment, in that it charged the offence in the alternative, i. e., that the defendant made the statement, knowing it to be false, or being ignorant whether or not said statement was true.
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INDICTMENT for perjury, tried at January Term, 1895, of FeanKlin Superior Court. There was a motion to quash the bill of indictment, in that it charged the offence in the alternative, i. e., that the defendant made the statement, knowing it to be false, or being ignorant whether or not said statement was true. The bill of indictment was as follows : “The jurors for the State, upon their oath, present that James I. Champion, late of Franklin county, on the 19th day of October, A. D. 1891, at and in the county aforesaid, did, unlawfully and feloniously, commit perjury upon a justification on a…
1Opinion of the Court
MONTGOMERY, J.:
There was no error in His Honor’s refusal to quash the indictment. The motion to quash was based on the alternative form of that part of the indictment charging the defendant with knowledge of the falsity of the oath : “Knowing the said statement or statements to be false, or being ignorant whether or not said statement was true.” The indictment in the respect complained of is in' the exact words of the form prescribed for indictments for perjury by the Act of 1889, Ch. 83, and approved in the case of the State v. Peters, 107 N. C., 876. The State offered as evidence a…
2Cases cited1 opinion
- State v. . PetersSupreme Court of North Carolina · 1890
3Cited by9 opinions
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- State v. WilsonSupreme Court of Louisiana · 1917
- Midgett v. . NelsonSupreme Court of North Carolina · 1937
- State v. Alvarez-AmadorCourt of Appeals of Oregon · 2010
- Wiggins v. RogersSupreme Court of North Carolina · 1917
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