People v. Emmons

On leave granted, Donald Emmons appeals his conviction of the crime of perjury. CL 1948, § 750.423 (Stat Ann 1954 Rev § 28.665). Emmons executed an assumed name certificate pursuant to CLS 1961, § 445.1 (Stat Ann’-1964 Rev § 19.821), and in the presence of a notary public he falsely signed the name “Donald Walker” at the bottom of the certificate and acknowledged that he had executed it. The notary testified, at the trial, that before she signed as notary Emmons swore to the truth of the statements made in the certificate. It is this oath, before the notary, upon which the perjury charge was…