State v. McCormick

This was an indictment against the appellee for perjury committed before a grand jury. On motion of the defendant, the court quashed the indictment. The prosecutor, on behalf of the State, appealed to this court, and has assigned as error this ruling of the circuit court. There is no brief for the appellee. There is no doubt but that an indictment for perjury may be predicated upon a false swearing before a grand jury. 2 G. & H. 450, sec. 40; State v. Offutt, 4 Blackf. 355.

The indictment alleges that the defendant was a witness before the grand jury, and that he was sworn by the foreman “ to…