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State v. Harris

The State against Harris

State v. Harris, 7 N.J.L. 361 (1800)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
November 15, 1800
Citations
7 N.J.L. 361
Headnotes
Where an indictment purports to be on the affirmations of some of the grand jurors, it must appear that they were persons entitled by law to take affirmations in lieu of oaths, or the indictment will be fatally defective.
Summary
An indictment was found at Cumberland, June, 1798, against the defendant, for the forgery and publishing of a lease. The indictment was removed by certiorari, and, on a rule to shew cause why the indictment should not be quashed,

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Opinion of the Court

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Per Curiam.

We are not disposed to favor exceptions of this bind, which have nothing to do with the justice of the case, and were the question now to arise for the first time, we should hesitate before we gave it our sanction, but the cases cited, particularly Sharp's ease, have settled the question, and we feel ourselves bound to adhere to the rule established by the court on previous occasions.

Indictment quashed.

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