State v. Dallagiovanna

• Decision Date: 18 June 1912
• Citation: 124 P. 209,69 Wash. 84
• Parties: STATE v. DALLAGIOVANNA.
• Court: Washington Supreme Court

124 P. 209

69 Wash. 84

STATE v. DALLAGIOVANNA.

Supreme Court of Washington

June 18, 1912

Department 1. Appeal from Superior Court, King County; J. T. Ronald Judge.

Ludovic Dallagiovanna was indicted for perjury in the second degree. From an order sustaining a demurrer to the indictment, the State appeals. Affirmed.

John F Murphy and H. B. Butler, for the State.

Vanderveer & Cummings, for respondent.

PARKER J.

This is an appeal by the state from an order of the superior court for King county sustaining respondent's demurrer to an indictment found against him by the grand jury in that court charging him with perjury in the second degree. The following is all of the language of the indictment requiring our attention: 'On the 26th day of September A. D. 1910, the city council of the city of Seattle duly and regularly passed a resolution, and on the same day the same was duly filed as required by law, which said resolution was as follows: 'Be it resolved by the city council of the city of Seattle: That, whereas, it appears that during the absence of H. C. Gill, mayor of the city of Seattle, one of our members, elected by this body as the acting president has been required under the charter of the city of Seattle to assume the important office of acting mayor, and whereas, the said member has, during such incumbency in that office, endeavored to subordinate the vicious element of the city to the rule of law, and by strict enforcement of the ordinances of the city has, as far as possible within the time at his command, done much to restore the city to a state of order and cleanliness, and whereas, in his effort to enforce the laws, he is reported to have found conditions which indicate the existence of corruption on the part of certain persons connected with the administration of civic affairs, now, therefore: be it resolved, that we commend Mr. Max Wardall, acting mayor, for the vigorous and courageous stand he has made to bring about better conditions in the city, and pledge him the sympathy and support of this body, of which he is a member. And furthermore, be it resolved, that, in furthering that end, a committee of five be appointed by this council to investigate and probe the charges made by the acting mayor and report back to this body at the earliest time possible. * * * In pursuance of said resolution, and on said 26th day of September, 1910, a committee of five persons, namely, E. L. Blaine, J. Y. C. Kellogg, T. P. Revelle, V. P. Hart and James Conway, were duly appointed as a committee under said resolution; and, immediately thereupon, they and each of them assumed their office as said committee. On the 21st day of October, 1910, said committee were in session at said city of Seattle and were at said time investigating charges of corruption on the part of certain persons connected with the administration of civic affairs in said city, and on the said 21st day of October, A. D. 1910, he, said Ludovic Dallagiovanna, appeared in person before said committee in said city of Seattle, at one of its sessions then being had and held, and he, said Ludovic Dallagiovanna, then and there being, was then and there duly sworn as a witness before said committee by and before Peter A. Kimple, who was then a duly appointed, qualified and acting notary public in and for the state of Washington, residing at said city of Seattle, that the evidence which he would give before said committee should be the truth, the whole truth and nothing but the truth, he, said Peter A. Kimple, as such notary public, then and there having sufficient and competent power and authority to administer said oath to said Ludovic Dallagiovanna in that behalf, and said Ludovic Dallagiovanna, being so sworn as aforesaid, did then and there knowingly,...