State v. Trook
| Citation | 172 Ind. 558, 88 N.E. 930 |
| Case Date | June 30, 1909 |
| Court | Supreme Court of Indiana |
STATE
v.
TROOK.
No. 21,337.
Supreme Court of Indiana.
June 30, 1909.
Appeal from Circuit Court, Miami County; J. N. Tillett, Judge.
Orrin H. Trook was charged with subornation of perjury. A motion to quash was sustained, and the state appeals. Affirmed.
[88 N.E. 931]
James Bingham, A. G. Cavins, E. M. White, and W. H. Thompson, for the State. F. D. Butler, James C. Blacklidge, Conrad Wolf, and E. B. Barnes, for appellee.
MONTGOMERY, C. J.
Appellee was charged by affidavit with subornation of perjury in the preparation of a report to the Auditor of State, required under Act 1905, p. 182, c. 109, for the regulation of private banks, as continued in force by Acts 1907, p. 174, c. 113. The court sustained appellee's motion to quash, to which the state excepted, and has assigned this ruling as error upon appeal. The affidavit is quite lengthy, and we cannot with propriety set it out in this opinion.
The report upon which the prosecution was predicated was presumably made in pursuance of the requirements of section 5 of the act regulating private banks (Acts 1905, p. 184, c. 109), which reads as follows: “Every bank, partnership, firm or individual transacting a banking business under the provisions of this act shall make to the Auditor of State not less than two reports each year, according to the form which may be prescribed by the Auditor of State, which report shall be verified by some member of the firm, partnership or the individual owner of such bank,” etc. Appellee's counsel defend the ruling of the lower court, on the ground, first, that the oath attached to the report was not one required by law, since the statute provides only that the report shall be “verified,” but does not say that it shall be by oath or affirmation. We are mindful of the rule that in criminal proceedings statutes involved must be strictly construed, but the term “verified” as used in this connection has such a well-known meaning as to admit of no doubt of the legislative intent. The primary definition of the verb “verify,” when used in matters of law, as given in the Standard Dictionary is: “To affirm under oath; confirm by formal oath; as to verify pleadings in an action; to verify accounts,” etc. This is plainly the sense in which the term was here used, and the oath attached was therefore one required by law. De Witt v. Hosmer, 3 How. Prac. (N. Y.) 284;Patterson v. Brooklyn, 6 App. Div. 127, 40 N. Y. Supp. 581; section 1356, Burns' Ann. St. 1908.
...
To continue reading
Request your trial
-
Bader v. State, 21,654.
...law, and it refers to an affidavit attached to the statement as to the truth of the matter therein set forth.” In State v. Trook, 172 Ind. 558, 560, 88 N. E. 930, 931, “verify” is defined. The court says: “The primary definition of the verb ‘verify,’ when used in matters of law, as given in......
-
Bader v. State, 21,654
...refers to an affidavit attached to the statement as to the truth of the matters therein set forth." In the case of State v. Trook (1909), 172 Ind. 558, 560, 88 N.E. 930, the word "verify" is defined as follows: "The primary definition of the verb 'verify,' when used in matters of law, as gi......
-
Indiana Civil Rights Com'n v. City of Muncie, 2-1082A350
...refers to an affidavit attached to the statement as to the truth of the matters therein set forth.' "In the case of State v. Trook (1909), 172 Ind. 558, 560, [88 N.E. 930, 931], the word 'verify' is defined as follows: 'The primary definition of the verb "verify," when used in matters of la......
-
Indianapolis Traction & Terminal Co. v. Menze, 21,360.
...171 Ind. -, 86 N. E. 641, and cases there cited. The sixth and eighth instructions, given at the request of appellee, upon the subject [88 N.E. 930]of the duties of motorman while operating cars along the public streets, and as to the measure of damages in this case, were not erroneous. Mrs......