United States v. Mallard

The indictment is for perjury in taking an affidavit before a commissioner. The case for the prosecution is this: The defendant went before Commissioner Lathrop, and made a verbal statement charging one Benbow with violating section 3242, Rev. St. The commissioner reduced the statement to writing, beginning with the words, “Personallyappeared before me Warren Mallard, who, being duly sworn, deposes,” etc., and ending with the jurat, “Sworn to before me.” He then read the statement over to the defendant, asking if he could write. Upon tho answer of the defendant that he could not write, the…