26 La. Ann. 71 | La. | 1874
The defendant having been convicted of perjury appeals from the judgment sentencing him to hard labor for five years in the penitentiary.
The indictment charges: “ That Henry Gibson, late of the parish_ aforesaid, on the fourteenth day of August, 1873, with force,and arms,
This indictment is fatally defective. It does not charge that the question which the defendant is alleged to have answered falsely was-material to the case then being examined by the grand jury. It does not set forth the substance of the offense, nor chai'ge that the defendant williully made oath to a statement of material fact, which statement was false. Archibold, Criminal Pleading, vol. 3 page 592-12.
The motion in arrest of judgment should therefore be maintained.
It is therefore ordered that the judgment against the defendant be annulled and reversed, that the indictment herein be set aside.