Legal Opinion

State v. Caywood

Supreme Court of Iowa

Decided December 12, 1895PublishedCited by 29 opinions

Appeal from Montgomery District Court. — Hon. H. E, Deemed, Judge. The defendant was indicted for the crime of perjury, was convicted, and adjudged to be confined in the penitentiary for the term of three years. He appeals.

1Opinion of the CourtEinne, J.

1 *3692 3 *3704 *3715 *372•6 *368I. The indictment charges that, in the cause in which it is alleged the perjury was committed, this defendant “was then and there by the court duly sworn, at and during said trial, and the said court had full power and authority to then and there administer the oath to the said John Caywood; and the said John Caywood did then and there take his proper oath as a witness in said case, and the said court did then and there administer the said oath, as aforesaid, to the said John Caywood.” It is insisted that a “court” has no authority to administer an oath; that the indictment must set…

2Cases cited16 opinions

  1. Clem v. StateIndiana Supreme Court · 1873
  2. Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
  3. Keator v. PeopleMichigan Supreme Court · 1875
  4. State v. LewisSupreme Court of Kansas · 1872
  5. Hutcherson v. StateCourt of Criminal Appeals of Texas · 1894

11 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Allen v. United StatesCourt of Appeals for the Fourth Circuit · 1912
  2. State v. DeetsSupreme Court of Iowa · 1972
  3. People v. AlbersMichigan Supreme Court · 1904
  4. Jay v. StateAlabama Court of Appeals · 1916
  5. Yarbrough v. StateSupreme Court of Florida · 1920

24 more not listed; retrieve them via the Exa API.

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