Legal Opinion

Respublica v. Tryer

Supreme Court of Pennsylvania

Decided December 15, 1802PublishedCited by 8 opinions

An indictment was found against the defendant in the county of Berks, containing two counts; the one for a perjury, (which was substantially formal,) the other for a misdemeanor, as follows : Berks county, ss.

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An indictment was found against the defendant in the county of Berks, containing two counts; the one for a perjury, (which was substantially formal,) the other for a misdemeanor, as follows : Berks county, ss. The grand inquest for the county of Berks, on their oaths and affirmations, do present, that, &c. [and charges a perjury.] And that on the same Monday, the same fifth day of January, in the year of our Lord 1801, at the court house in Reading, in the county aforesaid, in the said Court of Common Pleas, so holden as aforesaid, before the judges aforesaid, came in his *proper person, as…

1Opinion of the Court

The following reasons were then filed in arrest of judgment, and argued in the sessions.

1. The title of the act, on which it was meant to ground this prosecution, is mistaken. It is stated to be “an act of assem- “ bly made for the relief of insolvent debtors, and passed on the “fourth day of April 1798,” whereas there is no such act.

2. It is stated in both counts that the defendant had other estate and effects in possession, reversion, remainder or expectancy than were mentioned or contained in such schedule or inventory, which is uncertain as to the nature of the estate omitted, the one…

2Cited by8 opinions

  1. Commonwealth v. LeeSupreme Court of Pennsylvania · 1973
  2. Ike v. StateMississippi Supreme Court · 1872
  3. Commonwealth v. JADE EASTSuperior Court of Pennsylvania · 1975
  4. Lemon v. StateSupreme Court of Arkansas · 1857
  5. United States v. CliffordU.S. Circuit Court for the District of West Virginia · 1900

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