Kerr v. People

Citations

• 42 Ill. 307

Syllabus

<p>Criminal law — indictment for pm'jv/ry. An indictment for pequry, ■which fails to aver before whom the affidavit was made, upon which peijury is assigned, is fatally defective. The accused has a right to be informed by the indictment of the name of the officer before whom it is charged he took the false oath, that he may know whether he had competent authority to administer the oath. Such an omission is matter of substance, and the question is presented by a motion to quash the indictment, and when overruled it is preserved by a motion in arrest of judgment.</p>