State v. Whittemore
Supreme Court of New Hampshire
Indictment, against George A. Whittemore, alleging that he, “ on the twenty-eighth day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Hancock, in the county of Hillsborough aforesaid, giving his testimony in and by a certain writ: ing called an affidavit, by him subscribed, as a witness relative to an application in writing thereafter to be made to the police court of the city of Nashua, to be admitted a citizen of the United States, by…
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Indictment, against George A. Whittemore, alleging that he, “ on the twenty-eighth day of February, in the year of our Lord one thousand eight hundred and sixty-eight, at Hancock, in the county of Hillsborough aforesaid, giving his testimony in and by a certain writ: ing called an affidavit, by him subscribed, as a witness relative to an application in writing thereafter to be made to the police court of the city of Nashua, to be admitted a citizen of the United States, by one Bernard E. Campbell, then an alien and a subject of Victoria, Queen of the United Kingdoms of Great Britain and…
1Opinion of the CourtSmith, J.
I. The respondent contends “ that the United States courts, and not the State courts, have jurisdiction of this indictment.”
It is clear that this court has no jurisdiction of an indictment for perjury founded on the statute of the United States. “ Regarded as an offence against the United States, the courts of the general govefnment have exclusive jurisdiction.” “ This indictment is not attempted to be supported on the statute of the United States.” The only question is, whether the false swearing .was an offence against the State of New Hampshire, punishable under the statute of the State.…
2Cases cited4 opinions
- Fox v. OhioSupreme Court of the United States · 1847
- United States v. MarigoldSupreme Court of the United States · 1850
- Spratt v. SprattSupreme Court of the United States · 1830
- Van Steenbergh v. KortzNew York Supreme Court · 1813
3Cited by2 opinions
- State v. SandsSupreme Court of New Hampshire · 1983
- State v. HoggSupreme Court of New Hampshire · 1978