State v. Shaw
| Decision Date | 19 November 1895 |
| Court | North Carolina Supreme Court |
| Parties | STATE v. SHAW. |
Perjury—Indictment—Sufficiency.
Under Laws 1891, c. 205, making all criminal offenses punishable with death or imprisonment in the state prison felonies, an indictment for perjury, which omits the word "feloniously" as characterizing the charge, is fatally defective. State v. Wilson, 21 S. E. 692, 116 N. C. 979; State v. Skidmore, 14 S. E. 63, 109 N. C. 795, — followed.
Appeal from superior court, Columbus county; Robinson, Judge.
James Shaw was convicted of perjury. From an order sustaining a motion in arrest of judgment the state appeals. Affirmed.
The indictment is as follows: "The jurors for the state upon their oaths present that James Shaw, of Columbus county, did unlawfully commit perjury upon the trial of an action in justice's court before A. F. Toon, a justice of the peace In Columbus county and Whiteville township, wherein the state of North Carolina was plaintiff, and James Shaw and John Field and others were defendants, by falsely asserting on oath that he was not present at, and did not attempt to assist, and did not assist in, an attempt to rescue B. L. Jones from the jail of Columbus county, on or about the 3d day of June, 1894, for which offense the said defendant stood then charged, knowing the said statement or statements to be false, or being ignorant whether or not said statements were true; contrary to the form of the statute, " etc.
The Attorney General, for the State.
Lewis & Burkhead, for appellee.
Since all criminal offenses punishable with death or imprisonment in a state prison were by statute (Laws 1891, c. 205) declared felonies, indictments wherein there hasbeen a failure to use the word "feloniously" as characterizing the charge in the latter class of cases have been declared fatally defective. State v. Wilson, 116 N. C. 979, 21 S. E. 692; State v. Skidmore, 109 N. C. 795, 14 S. E. 63. Whatever force there might be in the suggestion of the attorney general that section 1189 of the Code renders it unnecessary to embody in the charge what it is not material to prove, if it had been made before the later statute had been so often construed, it is now our duty to adhere to our decisions. There was no error in sustaining the motion in arrest, and the judgment of the court below is affirmed.
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State v. Callett
...112 N.C. 848, 16 S.E. 909; State v. Caldwell, 112 N.C. 854, 16 S.E. 1010; State v. Wilson, 116 N.C. 979, 21 S.E. 692; State v. Shaw, 117 N.C. 764, 23 S.E. 246; State v. Holder, 153 N.C. 606, 69 S.E. 66; State v. Goffney, 157 N.C. 624, 73 S.E. 162; State v. Brinkley, 191 N.C. 702, 132 S.E. 7......
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State v. Callett, 507.
...Bryan, 112 N.C. 848, 16 S.E. 909; State v. Caldwell, 112 N.C. 854, 16 S.E. 1010; State v. Wilson, 116 N.C. 979, 21 S.E. 692; State v. Shaw, 117 N.C. 764, 23 S.E. 246; State v. Holder, 153 N. C. 606, 69 S.E. 66; State v. Goffney, 157 N.C. 624, 73 S.E. 162; State v. Brinkley, 191 N.C. 702, 13......
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State v. Holder
... ... verdict, the defendants moved in arrest of judgment because ... the bill of indictment did not contain the word ... "feloniously." The court denied the motion, and ... defendants excepted. Indictments for felony must contain the ... word "feloniously" (State v. Shaw, 117 N.C. 764, 23 ... S.E. 246; State v. Purdie, 67 N.C. 26), not that it ... is of any aid or benefit to a defendant, but because it is of ... long usage, coming down from a remote past, when there was a ... reason for its use which has long ago ceased. Prior to ... chapter 205, Laws 1891, ... ...
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