Legal Opinion

State v. Rowell

Supreme Court of Vermont

Decided January 15, 1898PublishedCited by 4 opinions

Indictment for perjury. The' respondent demurred, and his demurrer was overruled, pro forma, and the indictment adjudged sufficient; to which he excepted. He was then ordered to plead over, but without prejudice to his demurrer; and thereupon pleaded, not guilty, and was tried by jury at the March Term, 1897, Washington County, Rowell, J., presiding. Verdict, guilty. Exceptions allowed, sentence and execution respited and stayed.

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Indictment for perjury. The' respondent demurred, and his demurrer was overruled, pro forma, and the indictment adjudged sufficient; to which he excepted. He was then ordered to plead over, but without prejudice to his demurrer; and thereupon pleaded, not guilty, and was tried by jury at the March Term, 1897, Washington County, Rowell, J., presiding. Verdict, guilty. Exceptions allowed, sentence and execution respited and stayed. The indictment attempts to charge the respondent with the crime of perjury in swearing to material matter in writing signed by him, and follows substantially the…

1Opinion of the CourtTyler, J.

The question is upon the sufficiency of the indictment, which was intended to charge the respondent with perjury in making oath to his tax inventory, under V. S. 444, which is:

“A person who wilfully swears falsely in violation of any of the provisions of this chapter shall be guilty of perjury, and punished accordingly.” The chapter referred to is upon the “Grand List.”

The substantial part of the form prescribed by the statute is as follows: * * * “the grand jurors upon their oath present that of on before , then and there having competent authority to administer oaths, committed the crime of…

2Cases cited7 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. People v. GaigeMichigan Supreme Court · 1872
  3. United States v. MannSupreme Court of the United States · 1878
  4. State v. CamleySupreme Court of Vermont · 1894
  5. People v. SmithMichigan Supreme Court · 1872

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. BaldwinSupreme Court of Vermont · 1937
  2. State v. WebberSupreme Court of Vermont · 1906
  3. Sealy v. DusselSupreme Court of Louisiana · 1924
  4. State v. DowSupreme Court of Vermont · 1902

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