State v. . Knox
Supreme Court of North Carolina
Perjury, tried before Barnes, J., at Spring Term, 1867, of the Superior Court of Johnston. It appeared that upon an indictment for assault and battery, tried at Fall Term, 1866, of Johnston Sujoerior Court, one Allen had been examined as a witness, and that thereupon, on the same trial, the present defendant was called and swore that “ he knew the general character of Allen for truth, and that it was bad.”
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Perjury, tried before Barnes, J., at Spring Term, 1867, of the Superior Court of Johnston. It appeared that upon an indictment for assault and battery, tried at Fall Term, 1866, of Johnston Sujoerior Court, one Allen had been examined as a witness, and that thereupon, on the same trial, the present defendant was called and swore that “ he knew the general character of Allen for truth, and that it was bad.” It also appeared that Allen’s general character for truth was good, and the question arose whether Knox had sworn the contrary wickedly, knowingly, &c. Upon this point much testimony was…
1Opinion of the CourtEeade, J.
His Honor’s instructions to the jury, as to what constitutes perjury, are well sustained by the authorities. It is not true that there can be no peijury where a man believes what he swears. He ought, at least, to have probable cause for his belief. If a man swear to a matter, of which he has no knowledge, although he believes it to be true, and although it turns out to be true, it is perjury; for, where there is this kind of rashness and corruption, the law implies malice. 6 Binny, 240.
His Honor was asked to charge the jury that they must be satisfied beyond a reasonable doubt before they…
2Cited by11 opinions
- People v. . DoodyNew York Court of Appeals · 1902
- State v. . HerringSupreme Court of North Carolina · 1931
- State v. HerringSupreme Court of North Carolina · 1931
- People v. DoodyAppellate Division of the Supreme Court of the State of New York · 1902
- State v. . CharlesSupreme Court of North Carolina · 1912
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