2 Shan. Cas. 534 | Tenn. | 1877
delivered tbe opinion of the court:
This indictment for perjury was quashed by the court below, and the state has appealed.
The indictment contains two counts, one charging the defendant with swearing falsely to an answer in chancery, the other in deposing as a witness in a case before a justice of the peace. The matter averred to be false in the first count, is in swearing in the chancery proceeding that “respondent, in a fair trade, did sell William James a stud horse, and he paid respondent therefor;” and the second, that the party had not paid him for said horse.
The objection taken to both counts is, that while it is averred that a certain suit was pending in the chancery court, naming the parties to the same, the jurisdiction of the court, and we believe all the other matters necessary to complete the charge, yet it is not shown by a statement of facts what the issue was in either the chancery court or before the magistrate, but only averred that in said cause it became material to know whether or not William James had purchased from Wm. Owens, a certain horse, etc. There is no statement of what was the matter in controversy in either case. By sec. 5129 [Shannon’s Oode, sec. 7092], it is provided that it shall not be necessary to set forth in the pleadings in such cases, records or proceedings with which the oath is connected. But the next section.