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4 D.C. 613

United States v. Cowing

Decided November 15, 1835

This was an indictment for perjury in the answer to a bill in chancery. The defendant demurred to the indictment, because it neither averred that the allegations in which the perjury was said to consist, were material, nor did it aver facts showing their materiality. The plaintiffs in the bill in chancery were merchants; the defendant was their clerk. The bill charged him with embezzlement of the complainants’ money and goods.

Cited by 1 later decisions (1 by the Supreme Court) — most recently June 1995

Good law ✅— No negative treatment on recordhow we know

Decided 1835-11-15

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The CouRT

¶1(nem. con.) was of opinion that the indictment was *616insufficient in not averring the materiality of the facts upon which the perjury was assigned; and in not stating facts which would show their materiality.

¶2Judgment for the defendant on the demurrer.

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