State v. . Bordeaux
Supreme Court of North Carolina
Indictment — Perjury■—Record,—Motion to Quash — Arrest of Judgment— Grand Jury. This was an indictment for perjury, tried before Gudger, Judge, and a jury, at Spring Term, 1885, of PENDER Superior Court. The indictment contains two assignments for perjury in the same count.
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Indictment — Perjury■—Record,—Motion to Quash — Arrest of Judgment— Grand Jury. This was an indictment for perjury, tried before Gudger, Judge, and a jury, at Spring Term, 1885, of PENDER Superior Court. The indictment contains two assignments for perjury in the same count. The defendant was found guilty, and moved in arrest of judgment. 1. Because the bill of indictment contained two distinct charges or assignments of perjury in one count of said bill; and in the second count of said bill, two distinct charges or assignments of perjury are made in the said count, as aforesaid in the first…
1Opinion of the CourtAshe, J.
(after slating the facts). The defendant moved to arrest the judgment upon two grounds : 1st, because the bill of indictment contained two assignments of perjury in one count of the indictment; and, 2nd, because the record did not show that the bill was returned into Court by the grand jury, and because his Honor refused to admit the testimony of the foreman to show that it was not so returned.
The motion is not sustainable upon either ground. It is well settled by the authorities, that several assignments may be contained in one count of an indictment for perjury. Wharton lays it down that…
2Cases cited4 opinions
- State v. . BlackburnSupreme Court of North Carolina · 1879
- State v. . GainusSupreme Court of North Carolina · 1882
- State v. . LanierSupreme Court of North Carolina · 1884
- Peoples National Bank v. McArthurSupreme Court of North Carolina · 1880
3Cited by18 opinions
- People v. FolletteCalifornia Court of Appeal · 1925
- State v. . Van DoranSupreme Court of North Carolina · 1891
- State v. . WeaverSupreme Court of North Carolina · 1889
- State v. CampbellSupreme Court of Missouri · 1908
- Renigar v. United StatesCourt of Appeals for the Fourth Circuit · 1909
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