¶1delivered the resolution of the court.— Without deciding, or meaning to express an opinion, upon any other question raised or arising in this cause, we are all of opinion that the indictment is fatally defective in not averring that the defendant, at the lime of giving in the schedule and taking the oath, well knew and remembered that the debts charged to be improperly omitted in the said schedule were then justly due and owing to him. The court is therefore of opinion and doth decide, that the demurrer to the indictment ought to be sustained.
1 Va. 729
Commonwealth v. Cook
Decided December 15, 1842
General Court of Virginia · decided 1842-12-15
John Cook was indicted in the circuit superior court of Pendleton county, at May term 1841, for perjury in falsely swearing to a schedule delivered in by him under the act for the relief of insolvent debtors, 1 Rev. Code, ch. 134. § 31. p. 536, 7.
Decided 1842-12-15