State v. Adams

Delaware County Court of Quarter Sessions

State v. Adams

2 Del. Cas. 204, 1804 Del. LEXIS 2

CourtDelaware County Court of Quarter Sessions

DecidedApril 30, 1804

StatusPublished

This text of 2 Del. Cas. 204 (State v. Adams) is published on Counsel Stack Legal Research, covering Delaware County Court of Quarter Sessions primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Adams, 2 Del. Cas. 204, 1804 Del. LEXIS 2 (Pa. Super. Ct. 1804).

Pincite

Opinion

Per Curiam.

In this action for perjury laid in the indictment to be committed before William B. Cooper, a justice, in an action before referees, it must be proved that the answers were given falsely, wilfully etc. Three grounds of defense set up. First, that the oath administered before referees by a justice is not such an oath as will convict the defendant of perjury. Second, watermark alone not sufficient to convict. Third, that the action was true. But if you are of opinion the oath was administered by a person having lawful authority, and that he swore falsely etc., you ought to convict. If you are not fully satisfied of the above you will acquit. As to the first point of defense, the Court, or a majority, are of opinion that the oath was not in law such an oath as should convict a party of perjury.

Verdict, not guilty.

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Per Curiam.

In this action for perjury laid in the indictment to be committed before William B. Cooper, a justice, in an action before referees, it must be proved that the answers were given falsely, wilfully etc. Three grounds of defense set up. First, that the oath administered before referees by a justice is not such an oath as will convict the defendant of perjury. Second, watermark alone not sufficient to convict. Third, that the action was true. But if you are of opinion the oath was administered by a person having lawful authority, and that he swore falsely etc., you ought to convict. If you are not fully satisfied of the above you will acquit. As to the first point of defense, the Court, or a majority, are of opinion that the oath was not in law such an oath as should convict a party of perjury.

Verdict, not guilty.

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Bluebook (online)

2 Del. Cas. 204, 1804 Del. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-adams-paqtrsessdelawa-1804.