State v. Silverberg
Mississippi Supreme Court
From the circuit court of Lowndes county. Hon. Eugene O. Sykes, Judge. Silverberg, the appellee, was indicted for perjury. He demurred to the indictment, and the same was sustained in the court below, and the state appealed to the supreme court.
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From the circuit court of Lowndes county. Hon. Eugene O. Sykes, Judge. Silverberg, the appellee, was indicted for perjury. He demurred to the indictment, and the same was sustained in the court below, and the state appealed to the supreme court. On demurrer to the indictment, the questions are, does it charge: (1) Wilful and corrupt false swearing; (2) that the matter was material; (3) that the oath was legally administered in a matter, cause or proceeding depending in a court, and (é) was the matter necessary for the defense of any private right or for the ends of public justice ? The…
1Opinion of the Court
Anderson, Special J.,
delivered the opinion of the court.
The indictment should have set out the substance of the issue involved in the chancery court cause. The point of inquiry should have been stated. £ £ The proceeding should be identified by charging the legal name, as, for example, that it was a trial for murder, or an action of ejectment, and the matter in issue must be averred with sufficient clearness to inform the person accused of perjury of the exact nature of the charge against him.” 16 Enc. of Pl. & Prac., p. 321, sec. 2, and cases cited in the notes. On this point the indictment…
2Cases cited4 opinions
- Murphy v. StateCourt of Appeals of Mississippi · 1852
- Williams v. StateMississippi Supreme Court · 1872
- Lea v. StateMississippi Supreme Court · 1886
- State v. JollyMississippi Supreme Court · 1895
3Cited by6 opinions
- Smallwood v. StateMississippi Supreme Court · 1991
- Chenault v. StateMississippi Supreme Court · 1929
- Smith v. StateMississippi Supreme Court · 1954
- Hentz v. StateMississippi Supreme Court · 1987
- State v. LoweIdaho Supreme Court · 1939
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