State v. Dayton
Supreme Court of New Jersey
This was an indictment for perjury, found against the defendant, Ilarvey Dayton, cashier of the State Bank at Morris, at t!ie Morris county Oyer and Terminer, at November term, 1849, and 'removed into this court by certiorari. A motion was made, on part of the defendant, to quash the indictment, both for defects upon its face and because the grand jury found the indictment without any legal or competent evidence-» of the fact of taking the oath.
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This was an indictment for perjury, found against the defendant, Ilarvey Dayton, cashier of the State Bank at Morris, at t!ie Morris county Oyer and Terminer, at November term, 1849, and 'removed into this court by certiorari. A motion was made, on part of the defendant, to quash the indictment, both for defects upon its face and because the grand jury found the indictment without any legal or competent evidence-» of the fact of taking the oath. And by affidavits, taken in pursuance of a rule of this court for that purpose, it appeared that there had not been before the grand jury any legal…
1Opinion of the Court
The Chief Justice
delivered the opinion of the court.
This is an application, on the part of the defendant, to quash an indictment for perjury. It is in all cases a matter of discretion whether the court will quash an indictment, or put the party to his plea or demurrer, or leave him to a motion in arrest of judgment. 2 Burr. 1127; Com. Dig. Indictment H.; *531 Chit. Cr. Law 299; State v. Hageman, 1 Green 314; Wharton’s Cr. Law 131.
The application is almost uniformly denied by the English courts in cases of treason, felony, and other high crimes. In Rex v. Belton, 1 Salk. 372, Holt, C. J., said, we…
2Cases cited1 opinion
- United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815
3Cited by17 opinions
- State v. McCrarySupreme Court of New Jersey · 1984
- State v. FerranteNew Jersey Superior Court Appellate Division · 1970
- State v. GrazianiNew Jersey Superior Court Appellate Division · 1959
- State v. BrownNew Jersey Superior Court Appellate Division · 1983
- State v. ChandlerNew Jersey Superior Court Appellate Division · 1967
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