United States v. Dupont

BEAN, District Judge.

'The defendant was indicted for perjury in falsely stating in a petition for naturalization filed by her in the circuit court of Clatsop county that she had resided in the state of Oregon for one year at least prior to the date of such petition.

The defendant demurred to the indictment on the ground that the facts therein stated do not constitute a crime, for the reason that the declaration in her petition for naturalization touching her residence in Oregon was extrajudicial and immaterial. It is elementary that perjury cannot be assigned of an oath not required by law.…