Legal Opinion

State v. Simons

Supreme Court of Vermont

Decided August 15, 1858PublishedCited by 3 opinions

Indictment for subornation of perjury. Plea, not guilty, and trial by jury, at the March Term, 1858, — Barrett, J., presiding.

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Indictment for subornation of perjury. Plea, not guilty, and trial by jury, at the March Term, 1858, — Barrett, J., presiding. The portion of the indictment material to the question at issue in the supreme court, was as follows: “That James C. Simons, of Montpelier, in the county of Washington, aforesaid, on the twenty-fourth day of April, in the year of our Lord, one thousand eight hundred and fifty-seven,-.at Barre, in said county, being a wicked and evil disposed person, minding and intending great injury to one Aianson M. Clark, a good and valuable citizen of this state, and unjustly to…

1Opinion of the Court

The opinion of the court was delivered hy

Poland, J.

This case comes before the court upon various exceptions taken by the respondent upon the trial, and also to the sufficiency of the indictment upon a motion in arrest of judgment.

The principal objection that is made to the sufficiency of the indictment, is, that it does not allege enough to show that the false testimony, which the respondent induced and procured the said Mary Smith to give, was in a proper judicial proceeding.

Perjury is defined to be the taking of a wilful false oath by one, who, being lawfully sworn by a competent court to…

2Cited by3 opinions

  1. Soper v. GallowaySupreme Court of Iowa · 1905
  2. State v. GeerSupreme Court of Kansas · 1891
  3. State v. LawrenceSupreme Court of Vermont · 1976

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