(Download) "Pollard v. State Indiana" by 449. Supreme Court of Indiana No. 27 ~ Book PDF Kindle ePub Free
eBook details
- Title: Pollard v. State Indiana
- Author : 449. Supreme Court of Indiana No. 27
- Release Date : January 25, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
SHAKE, J. Curtis Pollard was charged jointly by affidavit with Harry Walker and Paul Walker with conspiracy to commit perjury. He was tried separately and found guilty by a jury, and he has appealed, assigning that the trial court erred in overruling his motion to quash the affidavit and in denying him a new trial. In support of his proposition that the motion to quash ought to have been sustained, the appellant calls attention to an allegation in the affidavit that the defendants conspired ""to have and procure the said Harry Walker and Paul Walker to testify falsely."" (Our italics.) It is contended that the use of the word ""procure"" in this allegation definitely establishes that the crime attempted to be charged was conspiracy to commit subornation of perjury rather than conspiracy to commit perjury, because the language used in the affidavit substantially follows that of the statute defining subornation of perjury. § 10-3803, Burns' 1933, § 2621, Baldwin's 1934. The appellant therefore concludes that since the defendants Walker and Walker are named as principals in the affidavit, we have the anomalous situation whereby they are in effect charged with having been parties to a conspiracy to procure themselves to commit perjury. We cannot follow the appellant's reasoning. The affidavit alleged all of the facts necessary to constitute a charge of conspiracy to commit perjury. While the clause quoted might have been appropriate in a charge of conspiracy to commit subornation, the affidavit is insufficient on that theory for the reasons pointed out by the appellant, and it is therefore not bad for duplicity as charging two offenses in the same count. In State v. Dawson (1906), 38 Ind. App. 483, 485, 78 N.E. 352, 353, it was observed: