A Treatise on the Criminal Law of the United States (Volume 2)
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874. Excerpt: ... notice by the prisoner to the sheriff More...
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Publisher: General Books
Size: 7.48" wide x 74.41" long x 96.85" tall
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874. Excerpt: ... notice by the prisoner to the sheriff not to sell, and the prisoner's affidavit that the goods were his property, but omitted to state that any rule was obtained according to the provisions of the interpleader act: it was held, that the indictment was bad, as the affidavit did not appear to have been made in a judicial proceeding, m 2252. Present practice is that only essential averments of record need be introduced.--So radically have the statutes of jeofails, and those for relaxing the old common law strictness in this respect, affected this portion of criminal pleading, that there is probably no state in which it would now be held necessary to set out the whole record of the suit in which the perjury is alleged to have been committed. It is generally enough to state correctly the facts showing that the court had jurisdiction, that the oath was duly administered, and that the proceedings were regular, n See State v. Sleeper, 87 Vt. 122. Ante, 2241. m R. v. Bishop, 1 C. & M. 302. n Several cases to this point have been grouped in other sections of the present chapter. In addition to these the following may be examined: --Where the indictment charged perjury in a matter of traverse between the State of Tennessee and D., for an "assault and battery," it was held that this was not a sufficient charge of the jurisdiction of the court before which the case was tried. Steinson v. State, 6 Yerger, 531. In an indictment for perjury in taking a false oath before a regimental court of inquiry, it has been ruled in Virginia, where the statute of George 2 is not in force, the indictment ought to set forth what number of officers the said court of inquiry consisted of, and what was their respective rank, so as to enable the court to discern whether the s...