Bartlett v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Montana. The plaintiff in error was found guilty of perjury under an indictment which charged him with making a false oath to a schedule -which he, as a voluntary bankrupt, filed in bankruptcy. The indictment charged him with deposing that he had $168.90 in money, and that his schedule contained a statement of all his estate, both real and personal.
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In Error to the District Court of the United States for the District of Montana. The plaintiff in error was found guilty of perjury under an indictment which charged him with making a false oath to a schedule -which he, as a voluntary bankrupt, filed in bankruptcy. The indictment charged him with deposing that he had $168.90 in money, and that his schedule contained a statement of all his estate, both real and personal. It further charged that he then and there well knew that the schedule did not contain a statement of all his estate, both real and personal, in accordance -with the acts of…
1Opinion of the CourtGilbert, Circuit Judge
Is the indictment fatally defective for the reason that it fails to allege directly that the accused, at the time of making his affidavit, had in fact other property than that which he deposed that he had? There can be no doubt that at common law it is absolutely necessary. to an indictment for perjury to include direct and specific allegations negativing the truth of the alleged false testimony, together *885with affirmative averments setting up the truth by way of antithesis. Tins requirement was not one of form merely, but was regarded as going to the essence of the indictment. It was…
2Cases cited8 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- United States v. CarllSupreme Court of the United States · 1882
- Markham v. United StatesSupreme Court of the United States · 1895
- Commonwealth v. StillCourt of Appeals of Kentucky · 1885
- United States v. MannSupreme Court of the United States · 1878
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3Cited by13 opinions
- Hsu v. United StatesDistrict of Columbia Court of Appeals · 1978
- Davidson v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- United States v. Bernard G. Decoito and Francisco Tagalicod, Jr., United States of America v. Bernard G. DecoitoCourt of Appeals for the Ninth Circuit · 1985
- Boren v. United StatesCourt of Appeals for the Ninth Circuit · 1906
- Rosenfeld v. United StatesCourt of Appeals for the Seventh Circuit · 1912
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