State v. Rash

Citations

• 25 Del. 77
• 2 Boyce 77
• 78 A. 405
• 1910 Del. LEXIS 75

Syllabus

<p>1. Witnesses — Competency—Communication by Witness to Prosecuting Attorney.</p> <p>Where statements have been made by a witness to a prosecuting attorney, bearing on the guüt of a person under investigation for bribery, and where, on the trial of such person for bribery, the witness denied making such statements and has been indicted for perjury on such denial, the statements to the prosecuting attorney are not privileged, and may be admitted in evidence against the witness under an indictment for perjury.</p> <p>2. Criminal Law — Evidence—Evidence at Former Trial — Mode of Proof.</p> <p>Where the testimony at an investigation before a prosecuting attorney was taken down and correctly transcribed and produced in court at a subsequent trial by the public stenographer, by whom it was taken and who is a witness at the trial, he may be permitted to read from the transcript when asked what the witness had testified.</p> <p>3. Criminal Law — Evidence—Best Evidence — Reading from Trans-SCRIPT.</p> <p>Where the testimony given at a previous trial had been taken down in shorthand by the official court stenographer, by whom it is produced when he is called as a witness for the state in a subsequent trial, and he has testified that the transcript is a true and correct copy of the testimony given, he may be permitted to read therefrom.</p> <p>4. Criminal Law — Statutes—Construction with Reference to Common Law.</p> <p>Where a statute makes perjury a felony, without defining what constitutes perjury, it must be defined as it was known at common law.</p> <p>5. Perjury — Nature and Elements of Offense.</p> <p>The offense of perjury is committed when a lawful oath is administered in some judicial proceeding or in due course of justice to a person who swears willfully, absolutely, and falsely in a matter material to the issue or point in question.</p> <p>6. Perjury — Joinder of Counts — Same Offense.</p> <p>Where an indictment for perjury contains several counts for the same offe