1 Greene 160 | Iowa | 1848
Opinion by
Indictment for perjury. A motion was made to quash the indictment, because it does not allege that the case in which the perjury is charged to have been committed, was within the jurisdiction of the justice before whom
Under the statute of 5 Elizabeth, c. 9, indictments for perjury were necessarily prepared with great prolixity, precision, and technicality. But frequent failures of prosecutions, in consequence of mere formal defects, induced a relaxation of those stringent rules, and brought about a more liberal and reasonable practice. By enactment of 23 Geo. II., it was declared to be sufficient for an indictment for perjury to set forth the substance of the offense; by what court the oath was administered ; averring such court to have competent authority to administer the same, and the usual assignment of perjury, or denial of the defendant’s oath; without sotting forth in particular detail the proceedings of the trial in which the alleged perjury was committed. The spirit of this statute has been either re-enacted or adopted in practice by most of the states in this country. Though it has been decided in one or two states, that an indictment for perjury should distinctly and
It has also been decided in New York, that in an indictment for perjury, it is not necessary to set forth the facts which give jurisdiction to the court or officer trying the case; and that it is enough to aver that he had lawful authority to administer the oath. People v. Phelps, 5 Wend., 9. And In Wharton’s Am. Crl. Law, 474, wo find that such an indictment need not show the nature of the authority of the party administering the oath. Thus showing, that a general averment of authority to do so, is all that should be required. Also in the case of Respublica v. Newell, 3 Yates, 407, it was decided that an indictment is sufficiently certain in averring that the^arty was sworn in due form of law. And in Russell on Cr., 517 n. (A), it is stated, “ we find it laid down by the judges, that an indictment for. perjury at common law does not require so much certainty as on the statute, and that it need not be in a court of record;” and cites 5 Mod., 348 ; 1 Sid., 106. The statute here referred to, is that of 5 Elizabeth; and the enactment of 23 George II. substantially adopted the common law regulations. Still, viewing this case upon common law principles alone, it must be conceded that the authorities which we have examined, as bearing upon this question, do
The court having erred in quashing the indictment, the judgment is reversed, with costs, and the cause remanded.
Judgment reversed.