14 Mass. 388
Massachusetts Supreme Judicial Court
Decided October 15, 1817
Massachusetts Supreme Judicial Court · decided 1817-10-15
The defendant, having been convicted of perjury in taking the poor prisoner’s oath, moved in arrest of judgment, because it was not alleged in the' indictment that the said oath was administered to him in the prison, or within the yard or liberty of the prison; and it did not appear thereby but that he was at large at that time.
Cited by 1 later decisions — most recently April 1913
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1817-10-15
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¶1We think the indictment sufficient, and that the statute does not require the oath to be administered within the limits of the prison. There seems to be no assignable reason for such a provision ; and there are several reasons opposed to it. It is wisely left to the discretion of the magistrates to appoint a suitable *333time and place; and a prisoner commits no escape in rendering himself at the time and place so appointed.
¶2Motion overruled.