Legal Opinion

State v. . Lawson

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 6 opinions

This was an indictment for perjury, tried before Boykin, Judge, at May Term, 1886, of Robeson Superior Court. At Spring Term, 1884, of the Superior Court of Robeson County, an indictment then pending against J. C. Atkinson, Alta Atkinson, R. R. Jones and Benj. Long, for a forcible trespass, was tried.

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This was an indictment for perjury, tried before Boykin, Judge, at May Term, 1886, of Robeson Superior Court. At Spring Term, 1884, of the Superior Court of Robeson County, an indictment then pending against J. C. Atkinson, Alta Atkinson, R. R. Jones and Benj. Long, for a forcible trespass, was tried. The defendant in this case was the prosecutor in that, and was duly sworn and became a witness for the State, and during his examination testified that he “was the owner of certain premises in said county; that on a certain day, while engaged at work at some distance from said premises, he…

1Opinion of the Court

Davis; J.,

(after stating the case). In State v. Dodd, 3 Mur., 226, Judge HeNdersON said: “A false oath is injurious to the State, or to an individual, when it tends to prevent right. * * * If it be entirety immaterial, it cannot affect any one. * * * It is not for Courts of justice to inquire how the act stands in a moral or religious point of view. It is the substance and effect of what the defendant swears that gives character to the oath. These must be material, and “tend to prevent right.” State v. Graves, Busb., 402.

So far from negativing the facts charged to have been falsely sworn to…

2Cases cited3 opinions

  1. State v. . MatthewsSupreme Court of North Carolina · 1878
  2. State v. . WilsonSupreme Court of North Carolina · 1886
  3. State v. . TalbotSupreme Court of North Carolina · 1887

3Cited by6 opinions

  1. State v. WebsterSupreme Court of North Carolina · 1897
  2. State v. SmithSupreme Court of North Carolina · 1949
  3. State v. . LawsonSupreme Court of North Carolina · 1898
  4. State v. . DavisSupreme Court of North Carolina · 1891
  5. State v. . BobbittSupreme Court of North Carolina · 1874

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