Legal Opinion

United States v. George

Supreme Court of the United States

Decided March 24, 1913No. 442PublishedCited by 89 opinions

ERROR TO THE DISTRICT COURT OP THE UNITED STATES POR THE DISTRICT OP NEBRASKA. The facts, which involve the construction of § 5392, Rev. Stat., and the validity of an indictment thereunder for perjury, are stated in the opinion. Sworn testimony from a homestead claimant himself as to residence and cultivation is authorized by‘law within the meaning- of Rev. Stat., § 5392, so that perjury may be predicated on the falsity of the testimony.

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ERROR TO THE DISTRICT COURT OP THE UNITED STATES POR THE DISTRICT OP NEBRASKA. The facts, which involve the construction of § 5392, Rev. Stat., and the validity of an indictment thereunder for perjury, are stated in the opinion. Sworn testimony from a homestead claimant himself as to residence and cultivation is authorized by‘law within the meaning- of Rev. Stat., § 5392, so that perjury may be predicated on the falsity of the testimony. The indictment is based on a regulation of the General Land Office. See Circular of Commissioner of General Land Office, dated. July 17, 1878. Caha v. United…

1Opinion of the CourtJustice McKenna

Indictment for perjury, 1 by which defendant in error (herein referred to as defendant) is charged with falsely and corruptly taking his solemn oath in a proceeding wherein a law of the United States authorized an .oath to be administered before the register of the United States land office at North Platte, Nebraska, the proceeding being the making of proof and final entry of a homestead claim of certain described lands.

The indictment charges that defendant took an oath and subscribed the same and- deposed thereby that he built a house and other improvements on the land, which he described…

2Cases cited6 opinions

  1. Williamson v. United StatesSupreme Court of the United States · 1908
  2. United States v. EatonSupreme Court of the United States · 1892
  3. Morrill v. JonesSupreme Court of the United States · 1883
  4. United States v. KeitelSupreme Court of the United States · 1908
  5. United States v. United Verde Copper Co.Supreme Court of the United States · 1905

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3Cited by89 opinions

  1. Viereck v. United StatesSupreme Court of the United States · 1943
  2. Bryson v. United StatesSupreme Court of the United States · 1969
  3. United States v. BirdsallSupreme Court of the United States · 1914
  4. William O. Schism and Robert Reinlie v. United StatesCourt of Appeals for the Federal Circuit · 2002
  5. United States v. Standard Brewery, Inc.Supreme Court of the United States · 1920

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