State v. BeardState v. Beard
- Reporters:
delivered the opinion of the court.
Thе indictment is fatally defective, becausе it does not appear, еither by direct averment or by anything stated in the indictment, that thе statemеnt upon which the perjury is assigned was materiаl to the matter before the court. o
For all that аppears upоn the faсe of the indictment, the statemеnt alleged to have been fаlse may have been totally immaterial to the mattеr in contrоversy. Arch. Cr. Pl. 429 ; 2 Russell on Cr. 639. Neither of the рrecedents refеrred to on the argument suppоrt this indictment.
It is in all cases a matter of discretion whether the court will quash an indictment; but where it is manifest that no judgment can be rendered upon the indictment, the motion ’ to quash will be allowed. State v. Dayton,. 3 Zab. 53.
Let the indictment be quashed.