State v. . Peters
Supreme Court of North Carolina
Indictment for Perjury, tried before Womack, J., and a jury, at May Term, 1890, of Guilford Superior Court. The indictment was as follows: “ The jurors for the State upon their oath present that George Peters, of Guilford County, did unlawfully commit perjury upon the trial of an action in the Mayor’s Court of the city of Greensboro, before James W. Forbis, Mayor, in Guilford County, wherein the State was plaintiff and Amos Phillips was defendant, by falsely asserting on…
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Indictment for Perjury, tried before Womack, J., and a jury, at May Term, 1890, of Guilford Superior Court. The indictment was as follows: “ The jurors for the State upon their oath present that George Peters, of Guilford County, did unlawfully commit perjury upon the trial of an action in the Mayor’s Court of the city of Greensboro, before James W. Forbis, Mayor, in Guilford County, wherein the State was plaintiff and Amos Phillips was defendant, by falsely asserting on oath that he (meaning the said George Peters), had not purchased any spirituous liquors from Amos Phillips less than half a…
1Opinion of the CourtClark, J.
after stating the facts: The defendant’s counsel asked a witness, “Was not the warrant on which Amos Phillips was tried issued without a sworn complaint or affidavit being made by any person whatever?” The indictment charged the perjury to have been committed in that trial. The question was ruled out on objection by the State, and defendant excepted.
In State v. Bryson, 84 N. C., 780, Ashe, J., in construing the provisions of the act which are now The Code, §§1133 and 1134, says that no written affidavit or complaint is required, and that the appellate Court “ can only look at the warrant,…
2Cases cited5 opinions
- State v. . MooreSupreme Court of North Carolina · 1889
- Glasgow v. MooreSupreme Court of Missouri · 1846
- State v. . KirkmanSupreme Court of North Carolina · 1889
- State v. . BrownSupreme Court of North Carolina · 1878
- State v. . BrysonSupreme Court of North Carolina · 1881
3Cited by30 opinions
- State v. . RhinehartSupreme Court of North Carolina · 1936
- State v. . FrancisSupreme Court of North Carolina · 1913
- State v. . FlowersSupreme Court of North Carolina · 1891
- State v. LucasSupreme Court of North Carolina · 1956
- State v. TessnearSupreme Court of North Carolina · 1961
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