Lambert v. People
New York Court of Appeals
Error to the general term of the supreme court, in the first judicial department, to review a judgment of the court of oyer and terminer in New York county, convicting the plaintiff of perjury. The plaintiff in error, Thomas S. Lambert, was convicted in the oyer and terminer of New York county of perjury in swearing to an affidavit verified on March 12, 1877, in said county, before one William H. Melick, a notary public.
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Error to the general term of the supreme court, in the first judicial department, to review a judgment of the court of oyer and terminer in New York county, convicting the plaintiff of perjury. The plaintiff in error, Thomas S. Lambert, was convicted in the oyer and terminer of New York county of perjury in swearing to an affidavit verified on March 12, 1877, in said county, before one William H. Melick, a notary public. The affidavit was as follows: [Venue.] “ T. S. Lambert, President, and James Cruickshank, Secretary, of the American Popular Life Insurance Company, being duly sworn, depose…
1Opinion of the CourtMiller, J.
One of the most serious questions presented by the error book in this case arises in reference to the construction to be placed upon the affidavit in which the alleged perjury is charged to have been committed. It is claimed by the counsel for the prisoner that the affidavit was made upon “information, knowledge and belief,” while the indictment avers that the oath was absolute and unqualified, and the traverse simply avers it to be untrue.
It is not denied that if the verification was, as claimed, on information, knowledge and belief, that the indictment should have traversed and negatived…
2Cases cited9 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Wilcox v. SmithNew York Supreme Court · 1830
- Morrell v. PeopleIllinois Supreme Court · 1863
- Greenleaf v. LowNew York Supreme Court · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. McBrideMichigan Supreme Court · 1899