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- Title
INDICTMENT AND INFORMATION.
- Abstract
The article presents information about a court decision regarding indictment and information. The article refers to the case Coulter versus Commonwealth. The defendant was convicted of perjury on an indictment. One or the other of said statements so made by said Coulter is and was false and untrue and was known to be false and untrue by said Coulter at the time he made same. But which one of said statements was false and untrue is unknown to the grand jury, but was known to said Coulter. A statute required indictments to be direct and certain as regards the offense charged and to set out the particular circumstances thereof. The court held that as there was no provision in the code authorizing alternative pleading, the indictment was fatally defective, as it did not negative by special averment the matter alleged to have been falsely stated. Instead of pointing out the testimony that was false the indictment expressly states that the grand jury did not know which was true. The conviction was reversed.
- Subjects
INDICTMENTS; LEGAL judgments; ACTIONS &; defenses (Law); GRAND jury; CRIMINAL procedure; COURTS
- Publication
Journal of the American Institute of Criminal Law & Criminology, 1914, Vol 4, Issue 5, p744
- ISSN
0885-4173
- Publication type
Article