State v. Falk
North Dakota Supreme Court
Appeal from a judgment of conviction of perjury entered in the District Court of Morton County, Hanley, Judge. The essentials of the crime charged are: the taking of the oath, in a proceeding before a competent tribunal, in cases in which an oath may be administered; giving testimony, and, wilfully and contrary to said oath, stating any material matter which he knows to be false. Comp.
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Appeal from a judgment of conviction of perjury entered in the District Court of Morton County, Hanley, Judge. The essentials of the crime charged are: the taking of the oath, in a proceeding before a competent tribunal, in cases in which an oath may be administered; giving testimony, and, wilfully and contrary to said oath, stating any material matter which he knows to be false. Comp. Laws 1913, § 9366; Hitesman v. State, 48 Ind. 473;'People v. Simpton, 133 Cal. 367, 65 Pac. 834; State v. Divoll, 44 N. IL 140; United States v. McConaughy, 33 Ped. 168; Brown v. State, 91 Wis. 245, 64 N. W.…
1Opinion of the CourtGoss, J.
Defendant was informed against and convicted of perjury committed during the trial of a civil action. He appeals, assigning many errors, only one of which is necessary to' be considered. To charge perjury, it was necessary to allege the materiality of the false testimony given. To establish materiality, proof of the issues under which the testimony was offered was essential. But there is no proof of what the i.ssues were in the trial during which the alleged false testimony was given, from which to determine materiality of the evidence given. This failure of proof was raised by motion to…
2Cases cited9 opinions
- Wood v. . People of the State of N.Y.New York Court of Appeals · 1874
- People v. . TealNew York Court of Appeals · 1909
- Fitch v. CommonwealthSupreme Court of Virginia · 1896
- Jones v. StateCourt of Criminal Appeals of Texas · 1915
- People v. PeckAppellate Division of the Supreme Court of the State of New York · 1911
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