United States v. Dennee
U.S. Circuit Court for the District of Louisiana
Indictment for subornation of perjury. Heard on demurrer. The indictment contained two counts. The first alleged the pendency in the United States court of claims, of a suit brought by one Harriet Mills, who claimed to be a loyal citizen of the United States, against the United States to recover from the treasury the proceeds of one hundred bales of cotton which she alleged were her property, and which were taken in August, 1874, by the United States military forces, turned…
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Indictment for subornation of perjury. Heard on demurrer. The indictment contained two counts. The first alleged the pendency in the United States court of claims, of a suit brought by one Harriet Mills, who claimed to be a loyal citizen of the United States, against the United States to recover from the treasury the proceeds of one hundred bales of cotton which she alleged were her property, and which were taken in August, 1874, by the United States military forces, turned over to the officers of the treasury department, and after-wards sold and the proceeds amounting to $40,000, paid into…
1Opinion of the Court
WOODS, Circuit Judge.
The crime of subornation of perjury has several indispensable ingredients which must be charged in the indictment or it will be fatally defective: (1) The testimony of the witness suborned must -be false. (2) It must be given willfully and corruptly by the witness, knowing it to be false. (3) The suborner must know or believe that the testimony of the witness given, or about to be given will be false. (4) He must know or believe that the witness will willfully and corruptly testify to facts which he knows to be false. A careful scrutiny of the counts of this indictment…
2Cited by8 opinions
- Austin v. United StatesCourt of Appeals for the Ninth Circuit · 1927
- United States v. HowardDistrict Court, W.D. Tennessee · 1904
- Boren v. United StatesCourt of Appeals for the Ninth Circuit · 1906
- United States v. EdwardsU.S. Circuit Court for the District of Southern Alabama · 1890
- People v. RossCalifornia Supreme Court · 1894
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