State v. Morse

Decided June 15, 1848

Supreme Court of Iowa · decided 1848-06-15

Error, to Johnson District Court. Indictment for perjury, framed in the usual form, but omitting to charge the perjury in the language of the statute. Held: that an indictment at common law, for aiding' a prisoner’s escape, should state, that the party knew of his offence. ' In Gatewood v. The State, 4 Ham. 386, it was held, that an indictment for stealing bank.bills,'must aver that the defendant knew the bills to be bank bills, or the indictment would be bad.

Decided 1848-06-15

¶1Opinion by

Hastings, C. J.

¶2The omission in the indictment to charge, in the language of the statute, that the defendant deposed, affirmed, or declared some matter to be fact, knowing the same to he false, or denied some matter to be fact, knowing the same to be true, is a substantial defect, and is not cured by any statute. The statute 'referred to by the prosecuting attorney, providing-that “no indictment shall be quashed if an indictable offence is clearly charged therein, or if the charge be so explicitly set forth that judgment can be rendered thereon,” does not cure the defect, for the reason that no indictable offence is set forth in the indictment according to statute.

¶3Judgment affirmed.