State v. . Hawley

The chief ground upon which the bill was quashed was that it did not in specific terms allege that the facts set out in the bill, about which the false swearing was alleged to have occurred, were “material to the issue” then pending before the court.

Previous to the act of 1889 (ch. 83, now C. S., 4615), the omission of such allegation or of allegations which would show upon their face tbat the false oath was material, would have been fatal. Since, however, the enactment of that law, the Court has repeatedly, and wi,th one single exception, sustained the bill of indictment, which is in the…