State v. WithamState v. Witham
Dec 15, 1877
- Reporters:
- Before:
- McArthur
By the Court, McArthur, J.:
The indictment herein is fatally defective, because it fails to show that the testimony, alleged to be false, was material to some controversy or matter which was being investigated by the grand jury, and which that body had jurisdiction to inquire into. In all indictments for perjury or subornation of perjury, it is necessary to set forth the substance of the controversy or matter in respect to which the crime was committed. (Grim. Code, sec. 87.)
Judgment affirmed.