123 Mass. 417
Massachusetts Supreme Judicial Court
Decided November 28, 1877
Massachusetts Supreme Judicial Court · decided 1877-11-28
Indictment for perjury, alleging that “the jurors for the Commonwealth of Massachusetts on their oath present ” that, at October term 1876 of the Superior Court, a certain issue in due manner joined in that court between said Commonwealth and the defendant, upon a certain indictment, came on to be tried, and was then and there in due form of law tried by “ a certain jury of the country,” in due manner returned; and that at and upon the trial of the said issue, the defendant…
Decided 1877-11-28
¶1By the strictest construction of the indictment, as well as in the evident intent of the pleader, the words “the jurors aforesaid” refer to “the jurors for the Commonwealth of Massachusetts,” by whom the indictment is presented, and not to “ a certain jury of the country,” before whom the defendant is alleged to have committed perjury.
¶2Exceptions overruled.