State v. Rash
New York Court of General Session of the Peace
Indictment for Perjury. The state offered evidence tending to prove that the defendant on the eleventh day of November, A D. 1908, at Laurel, made statements under oath to the then Deputy Attorney General, charging one Howard Whaley, with attempting by the use of money, at Laurel, on the third day of November, 1908, to influence the vote of the said defendant at the general election then and there held.
1Opinion of the CourtHastings, J.
charging the jury:
Gentlemen of the jury: — John H. Rash, the defendant, is charged in this indictment with the crime of perjury. By the statutes of this state it is provided that “if any person shall commit the crime of perjury * * * such person shall be deemed guilty of felony,” etc. The statute does not provide what constitutes perjury and we must therefore define it as it was known at common law, as follows: — When a lawful oath is administered in some judicial proceeding or due course of justice, to a person who swears willfully, absolutely and falsely, in a matter material to the issue…
2Cases cited1 opinion
- State v. BaileyNew York Court of General Session of the Peace · 1907
3Cited by7 opinions
- American Surety Co. v. PryorSupreme Court of Alabama · 1927
- Grossman v. Delaware Electric Power Co.Superior Court of Delaware · 1929
- State v. GrantNew York Court of General Session of the Peace · 1926
- Terry v. American Fruit Growers, Inc.Superior Court of Delaware · 1925
- Ward v. StateSupreme Court of Delaware · 1978
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