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eBook details

• Title: Hillsdale College v. Thompson Et Al.
• Author : Supreme Court of Montana
• Release Date : January 11, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

CRIMINAL LAW, PERJURY, VENUE, When crime of perjury is complete, COURTS, Jurisdiction, Acquittal, When bar, failure of proof of venue. 1. Perjury — Crime, when complete. Under perjury statute respecting written instruments, the crime is not complete until the instrument is delivered by the accused to any other person with intent that it be uttered or published as true. 2. Criminal Law — Venue in Lewis and Clark County not shown. In prosecution in Lewis and Clark County for crime of perjury allegedly committed by defendants submission of a false affidavit on claim for gasoline tax refund executed in Lake County, where there was nothing in record to show that defendant personally delivered such refund claim to board of equalization in Lewis and Clark County, under statute making crime complete when instrument is delivered to any other person with intent that it be uttered or published as true, venue in Lewis and Clark County was not shown. 3. Perjury — Delivery of affidavit must appear. Under the statute mere making of false oath is not perjury and it must also appear that accused delivered affidavit with statutory intent. 4. Criminal Law — County of mailing marks venue. If defendant making false, sworn statement surrendered statement in a certain county with intent that it should be mailed and thus uttered or published as true, county of mailing marks venue of action. 5. Criminal Law — Defendant should have moved for discharge. Where state did not show venue to be in county in which defendant was being tried, defendant should have moved for the court to discharge him and the jury. 6. Criminal Law — Lack of jurisdiction, effect of. When the court has no jurisdiction of the action, it is improper to receive a verdict of not guilty. 7. Criminal Law — When acquittal is bar. Generally an acquittal, in order to bar another prosecution, must be in the county in which the offense was committed. 8. Appeal and Error — Supreme Court could not remand to correct procedural step. Where state failed to prove venue in county in which defendant Page 358 was being tried, and defendant failed to take proper action of moving for discharge of him and jury and erroneously allowed court to direct the entry of a verdict of not guilty, since plea of former jeopardy was not available to him, Supreme Court would not remand case for new trial in order to correct procedural step, but would merely affirm order.

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