{
  "id": 8685235,
  "name": "The State v. Joshua Ammons",
  "name_abbreviation": "State v. Ammons",
  "decision_date": "1819-05",
  "docket_number": "",
  "first_page": "123",
  "last_page": "127",
  "citations": [
    {
      "type": "nominative",
      "cite": "3 Mur. 123"
    },
    {
      "type": "official",
      "cite": "7 N.C. 123"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "2 Haw. 349",
      "category": "reporters:state",
      "reporter": "Haw.",
      "case_ids": [
        1538330
      ],
      "opinion_index": 0,
      "case_paths": [
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      ]
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    {
      "cite": "1 Haw. 333",
      "category": "reporters:state",
      "reporter": "Haw.",
      "opinion_index": 0
    }
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  "last_updated": "2023-07-14T14:45:47.457789+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The State v. Joshua Ammons."
    ],
    "opinions": [
      {
        "text": "Haxe, Judge,\ndelivered the opinion of the Court.\nIn a case of perjury, it is necessary to be charged that {lie oath was taken in a judicial proceeding before a competent jurisdiction, and upon a point material to the issue depending. In the indictment, it is necessary to set forth the record of the cause wherein the perjury complained of, is charged to have been committed, and also to prove on the trial that there is such a record, by producing it; and when produced it must agree with that set forth in the indictment, without any material variance. In this case, the indictment states that the perjury was committed \u201c on a certain issue duly joined in the said Court \u201c between Robert Ammons and Robert G. Green.\u201d The record produced does not shew that there had been any issue joined. The copy of the record is certified by the proper officer of the Court, and we are bound to receive it as a true copy, though the fact may be, (and the finding of the Jury renders it probable) that issue had been joined. \u00ab The Jury find for the Plaintiff on \u201c all the issues,\u201d when it does not appear that any issue had been joined, In the case of the King v. Dowlin, where the Defendant was indicted for perjury committed on the trial of captain Kimber for murder, one reason urged in arrest of judgment was, that no plea appeared by the record to hare been pleaded on the trial of Kimber, and consequently there could not have been a legal trial, in which perjury could have been committed. The Court seemed to think this might have been a good reason at common law ; but that by the statute of Geo. 2, ch. 11, it is not necessary to set forth the record or any part thereof, in which the perjury is alleged to have been committed, but only to set forth the substance of the offence charged upon the Defendant : and in that case, the indictment did not recite the record of the trial against Kimber, but only stated that at a Court of Oyer and Terminer, Kimber was in due form of law tried upon a certain indictment for the murder of A. Our act of Assembly passed in the year 1791, ch. 7, sect. 3, is copied from that statute. But the difference between the case of the King v. Dowlin and the present case, is tills; in that case the indictment did not recite the record in which Kimber was tried, and in which it was alleged the perjury was committed j in this case, the indictriient recites the record, and no such record as that recited is produced. It is not necessary that the record should be recited ; yet if it be attempted, the recital must be correct, or the prosecution must fail. The rule for a new trial must be made absolute.\n1 Term Rep. 69.\n1 Haw. 333, Sect, 23,6 Mod. 168.\n5 Term 311.\n2 Haw. 349. The King v. Dowlin, 5 Term Rep. 311. 5 Dur. 2084. 9 Stra. 775.",
        "type": "majority",
        "author": "Haxe, Judge,"
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "The State v. Joshua Ammons.\nFrom Wayne.\nIndictment for perjury charged that at a certain Court of Pleas and Quarter Sessions, held for the County of Wayne, on the third Monday of November, 1816, a certain issue duly joined in the said Court between A and B, in a certain plea of trespass on the case upon promises, in which the said A was Plaintiff and the said B was Defendant, came on to be tried; and that upon the trial of said isme so joined, C was examined as a witness, and committed the perjury set forth in the indictment. The transcript of the record of this suit, offered in evidence upon the trial of the indictment, did not show that any issue had been joined. The Defendant was convicted, and a new trial granted, upon the ground that the transcript of the record did not support the charge in the indictment.\nIn an indictment for perjury, it is necessary to set forth that the oath was \u2022 taken in some judicial proceeding, before a competent jurisdiction, and upon a point material to the issue depending; and by the common law, it was necessary to set forth the record of the cause wherein the perjury alleged is charged to have been committed; to prove on the trial that there is such a record, by producing it, or a certified copy thereof s and when produced, it must agree with that set forth in the'\n, indictment, without any material variance.\nSince the act of 1/91, ch. /, it is not necessary to set forth the record of the cause, in the indictment: But if it be recited, the recital must be correct, or the prosecution must fail.\nThe Defendant was indicted for perjury, committed in Wayne County Court, upon the trial of a suit between John Ammons and Robert G-. Green. The indictment was as follows : to wit, '\n\u201c State of JVorth-Caroliim, 1 Superior Court of Law, the fii'st Monday after Wayne County. 5 the fourth Monday of March, A. D. 181/.\n\u201c The Jurors for the State, upon their oath present, that at a Court of \u201c Pleas and Quarter Sessions holden for the County of Wayne, before the \u201cJustices of the said Court, on the third Monday of November, in the \u201c year of our Lord one thousand eight hundred and sixteen, at the town \u201c of Waynesborough, in the said county of Wayne, agreeably to the act \u201c of the General Assembly in such case made and provided, a certain issue \u201c duly joined in the said Court, between John Ammons and Robert G. <! Green, in a certain plea of trespass on the case upon promises, in which \u201c the said John Ammons was the Plaintiff, and the said Robert G. Green \u201c the Defendant, came on to be tried in due form of law, and was the\u00bb \u201c and there tried by a Jury of the county in that behalf duly sworn and \u00ab taken between the parties aforesaid: and the Jurors aforesaid, upon \u201c oath aforesaid, do further present, that upon the trial of the said \u201c issue so joined between the parties aforesaid, Joshua Ammons late of \u201c the county of Wayne, laborer, appeared as a witness for and in behalf \u201c of the said Robert G. Green, the Defendant in the issue aforesaid, and \u201c was sworn, and then and there took his corporal oath upon tire holy ct gospel of God before the said Court, to speak the truth and nothing \u201c but the truth, touching and concerning the matter in' question in the \u201c said issue, the said Court then and there having sufficient and compe- \u201c tent power and authority to administer an path to the said Joshua Am* \u201c mons in that behalf: And the Jurors aforesaid, upon their oath afore- \u201c said, do further present, that upon the trial of the said issue so- joined \u201c between the parties aforesaid, certain questions then and there became K and were material, that is to say, whether he the said Joshua Ammons \u201c had sold to the said Robert G. Green, the Defendant, a certain quantity cc of pork belonging to the said John Ammons, the Plaintiff, and thebro- \u201c ther of the said Joshua Ammons, and whether he the said Joshua Am- \u201c mons had told him the said Robert G. Green, that he the said Robert \u201c G. Green could have a certain quantity of pork belonging to the said K John Ammons, the brother of the said Joshua Ammons, at the price of \u201c seven dollars and a quarter the hundred weight, and that the said Joshua \u201c Ammons beingso sworn as aforesaid, not having the fear of God before <e his eyes, nor regarding the laws of the State, but being moved and seduc- \u201c ed by tne instigation of the Devil, and falsely, wickedly, wilfully and mali- \u201c ciously contriving and intending as much as in himlay, to prevent justice, \u201c and to prevent tlie due course of law and to cause a verdict to pass against \u201c the said Robert G. Green on the trial of the said issue, and thereby to \u201c subject him the said Robert G. Green to the payment of sundry heavy \u201c costs, charges, and expences, then and there on the twentieth day of \u201c November, in the year of our Lord one thousand eight hundred and six- \u201c teen aforesaid, at the County of Wayne aforesaid, falsely, wickedly, wil- \u201c fully, maliciously and corruptly, and by his own act and consent did say, \u201c depose, swear, and give in evidence, among other things, to and before c< the said Jurors so sworn to try the said issue as aforesaid, and the said \u201c Court, in substance and to the efiect following, that is to say, that he \u201c the said Joshua Ammons did not sell his brother\u2019s pork, (meaning the \u00a3\u00a3 aforesaid quantity of pork belonging to tire said John Ammons, the bro- \u201c ther of the said Joshua Ammons) to the said Robert G. Green: and that \u201c he (meaning the said Joshua Ammons) did not tell him (meaning the \u201c said Robert G. Green) that he (meaning the said Robert G. Green) \u201c could have the pork (meaning the aforesaid quantity of pork belonging \u201c to the said John Ammons) at the price of seven dollars and a quarter * the hundred weight: whereas in truth and in fact, he the said Joshua V Ammons, before tire taking of his oath as aforesaid, to wit, on the seventh \" day of January in the year of our Lord one thousand eight hundred and \u201c sixteen, at the County ot Wayne aforesaid, had sold to him the said l\u00edo- \u201c bert G. Green, the aforesaid quantity of pork belonging to the said \u201c John Ammons; and whereas m truth and in fact the said Joshua Am- \u201c mons, before the taking of his oath as aforesaid, to wit, on the said \u00ab seventh day of January, in the year last aforesaid, at the County of *e Wayne aforesaid, had told the said Robert G. Geeen that he the said K Robert G. Green could have the aforesaid quantity of pork belonging to ** John Ammons, the brother of the said Joshua Ammons, at the price of seven dollars and a quarter the hundred weight: And the Jurors afore- \u201c said, upon their oath aforesaid, do say, that the said Joshua Ammons, on \u201c the said twentieth day of November, in the year of our Lord one thou- \u201c sand eight hundred and sixteen aforesaid, at the County of Wayne \u201c aforesaid, before the said Court, having competent and sufficient power *e and authority to administer the said oath to the said Joshua Ammons as \u201c aforesaid, by his own act and consent, and of his own most wicked and ** corrupt mind and disposition, in manner and form aforesaid, upon his \u201c oath aforesaid, did falsely, wickedly, wilfully, maliciously and corruptly \u201c commit wilful and corrupt perjury, to the great displeasure of Almighty \u201c God, in contempt of the laws of the State, to the great damage of the \u201c said Robert G. Green, to the evil example of all others in like cases \" offending, contrary to the act of the General Assembly in such cases \u2022* made and provided, and against the peace and dignity of the State.\n\u201c J. R. DONNELL, Sol.\u201d\nUpon the trial of the indictment, the Solicitor for the State offered in evidence the following certified copy of the record of the suit named in the indictment; to wit:\n\u201c STATE OE NORTH-CAROLINA.\nTo the Sheriff of Wayne County, Greeting :\n\u201c You are hereby commanded to take the body of Robert G. Green, if \u25a0a to be found in your County, and him safely keep so that you have him a before the Justices of our Court of Pleas and Quarter Sessions at the \u201c Court to be held for the County of Wayne, at the Court-house in Waynesborough, on the third Monday in May next, then and there to \u201c answer John Ammons in a plea of trespass on die case to his damage \u201c four hundred pounds. \u2014 Herein fail not and have you then and there \u201c tilis writ. Witness, John McKinnie, Clerk of said Court at Office, the \u201c thud Monday of February, A. D. 1816, and in the 40th year of our \u201cIndependence.\n\u201c JOUN McIONNIE, C. C,\n* Issued the 6th day of April, A. D. 1816.\u201d\n\u201c The subscribers acknowedge themselves bound in the sum of one \u201c hundred pounds for the prosecution of this suit.\n\u201cJOHN AMMONS, (Seal.)\n\u201cH. COOK, (Seal.)\n\u201c Executed,\n\u201c WM. RAIFOKD, Sheriff.\n\u201c State of JVorth- Carolina,) Court of Ideas and Quarter Sessions, Wayne County. ) November Term, 1816.\nr \u201c Jury charged, find for the Plaintiff on \u201c John Ammons \") \u201er | all tire issues, and assess his damages to v. V ^ four hundred and twenty-three dollars \u201c Robert G. Green, j ' ] and thirty cents, and costs; of which L_\u00fc\u00a7405:08, is principal.\u201d\nOn behalf of the Defendant, it was urged upon the trial that this copy of the record did not shew that any issue had been joined between the parties, and therefore did not support the charge in the indictment.' \u2014 The Jury found the Defendant guilty ; and a rule for a new trial being obtained, the same was sent to this Court."
  },
  "file_name": "0123-01",
  "first_page_order": 127,
  "last_page_order": 131
}