People v. . Cahill
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 12, 1908, which affirmed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of perjury. The facts, so far as material, are stated in the opinion. There was no perjury because defendant was not lawfully under oath.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 12, 1908, which affirmed a judgment of the Kings County Court rendered upon a verdict convicting the defendant of the crime of perjury. The facts, so far as material, are stated in the opinion. There was no perjury because defendant was not lawfully under oath. (Norton v. Shelby, 118 U. S. 442; Boyd v. U. S., 116 U. S. 616; Counselman v. Hitchcock, 142 U. S. 547; People v. Forbes, 143 N. Y. 219; People v. Courtney, 94 N. Y. 490; People v. Sharp, 107 N. Y. 446; O’Reilly v. People,…
1Opinion of the CourtHiscock, J.
Chapter 689 of the Laws of 1905, entitled “ An Act to amend chapter six hundred and seventy-six of the laws of eighteen-hundred and ninety-eight, entitled ‘An Act to create a metropolitan elections district; provide for the appointment»of a state superintendent therein, and to prescribe his powers and duties,’ generally,” amongst other things authorizes the state superintendent or his deputy to subpoena persons and examine them with reference to cases of suspected illegal registration. Said official having reason to suspect that the appellant and two other persons, named respectively McKenna…
2Cases cited8 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- People v. . PrioriNew York Court of Appeals · 1900
- People Ex Rel. Lewisohn v. . O'BrienNew York Court of Appeals · 1903
- Boone v. PeopleIllinois Supreme Court · 1894
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3Cited by19 opinions
- People v. PeeteCalifornia Court of Appeal · 1921
- People v. De FeoNew York Court of Appeals · 1955
- People v. TomaselloNew York Court of Appeals · 1967
- People v. De FeoAppellate Division of the Supreme Court of the State of New York · 1954
- Karel v. ConlanWisconsin Supreme Court · 1913
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