Delaware County Court of Quarter Sessions, 1804

State v. Adams

State v. Adams
Delaware County Court of Quarter Sessions · Decided April 30, 1804
2 Del. Cas. 204; 1804 Del. LEXIS 2

Counsel

Vandyke [for State]. Bayard, Horsey, Robinson [for defendant]., Bayard for defendant., Vandyke, Attorney General., Robinson for defendant., Horsey for defendant., Bayard for defendant., Vandyke in conclusion.

State v. Adams

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.