People v. Warner
New York Supreme Court
At the New-York general sessions, holden in June last, the defendant was tried on an indictment for perjury in taking the oath required from insolvents on presenting their petitions, &c. for a discharge. In the indictment, it is stated that the defendant did falsely, &c. say, depose and swear, in substance and to the effect following, to wit: I, Elias Warner, do swear that, &c.
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At the New-York general sessions, holden in June last, the defendant was tried on an indictment for perjury in taking the oath required from insolvents on presenting their petitions, &c. for a discharge. In the indictment, it is stated that the defendant did falsely, &c. say, depose and swear, in substance and to the effect following, to wit: I, Elias Warner, do swear that, &c. (setting forth the oath as prescribed by the statute until the last clause, which was in these words:) 66 or settle with any of my creditors with a view to obtain the benefit of an act entitled an act to abolish…
1Opinion of the Court
By the Court,
Marcy, J.
If the public prosecutor was bound to set forth the oath with literal and perfect accuracy, the objection was well taken. Even if he has needlessly undertaken to state it in hmc verba, there are not wanting authorities which declare that a failure in the slightest degree—in half a letter, to use a hyperbolical expression of Lord Mansfield, will be fatal.
It was scarcely contended, on the argument, that it was absolutely necessary to set forth the oath in its exact words. The rule on this subject seems to be, that written instruments, where they form a part of the gist of…
2Cases cited1 opinion
- Hasey v. White Pigeon Beet Sugar Co.Michigan Supreme Court · 1843
3Cited by6 opinions
- Harris v. . PeopleNew York Court of Appeals · 1876
- Gabrielsky v. StateCourt of Appeals of Texas · 1883
- State v. JaySupreme Court of New Jersey · 1871
- Charles v. PeopleNew York Court of Appeals · 1848
- Harris v. PeopleNew York Supreme Court · 1875
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