Dodge v. State
Supreme Court of New Jersey
The exceptions insisted on will appear in the opinion of the court, as delivered by the Chief Justice. I. The indictment is defective. 1. It does not show that a legal oath was administered. The indictment simply states that he was called as a witness, and duly sworn as such witness. It must be alleged that the defendant was sworn to depose the truth. 2 Russell on Cr. 603 : 1 Hawk. P. C. c. 69, § 5; Bac. Mr. tit.
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The exceptions insisted on will appear in the opinion of the court, as delivered by the Chief Justice. I. The indictment is defective. 1. It does not show that a legal oath was administered. The indictment simply states that he was called as a witness, and duly sworn as such witness. It must be alleged that the defendant was sworn to depose the truth. 2 Russell on Cr. 603 : 1 Hawk. P. C. c. 69, § 5; Bac. Mr. tit. Perjury? (A). 2. It is defective in that the statement of the material question upon which Dodge is said to have sworn false, is in the alternative, and is uncertain, inconsistent…
1Opinion of the Court
The Chief Justice.
The plaintiff in error having been convicted, and sentenced for the crime of perjury, seeks to reverse the judgment, on account of various errors in the record. They will be considered in the order in which they were presented to the court.
1. It is not necessary to allege in the indictment, in what particular form the defendant was sworn to testify — whether upon the evangelists or otherwise. It is enough to state that he was duly sworn. It is clearly averred that he was sworn to testify the whole truth. The indictment conforms In this respect to approved precedents. 2…
2Cases cited2 opinions
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- Fox v. BakerIndiana Superior Court · 1873
3Cited by3 opinions
- State v. BulachNew Jersey Superior Court Appellate Division · 1950
- State v. KowalczykNew Jersey Superior Court Appellate Division · 1949
- State v. SullivanSupreme Court of New Jersey · 1957