Legal Opinion

Noah v. United States

Court of Appeals for the Ninth Circuit

Decided February 1, 1904No. 962PublishedCited by 9 opinions

In Error to the District Court of the United States for the Northern District of California. The plaintiffs' in error were convicted of perjury under an indictment which charged them witb making a false oath to an affidavit which was to be used on behalf of Frances A. Moon, in aid of her application to be placed on the pension roll of the’United States as the widow of one Pardy Rosson Moon, late a soldier in the military service of the United States, in the War of the…

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In Error to the District Court of the United States for the Northern District of California. The plaintiffs' in error were convicted of perjury under an indictment which charged them witb making a false oath to an affidavit which was to be used on behalf of Frances A. Moon, in aid of her application to be placed on the pension roll of the’United States as the widow of one Pardy Rosson Moon, late a soldier in the military service of the United States, in the War of the Rebellion. The indictment, after' stating the circumstances under which the affidavit was made, sets forth the affidavit in…

1Opinion of the CourtGilbert, Circuit Judge

AVe think it sufficiently appears from the indictment that the matters set forth in the affidavit were material to, and that the affidavit. was -made and sworn to on behalf of, the application of Frances A, Moon for a pension. It is true that in the heading to the affidavit, which was evident!}' a printed form, it appears that the name of the claimant for a pension was inserted as “Pardy Rosson Moon,” instead of “Frances A. Moon”; but the indictment elsewhere distinctly charges that on .March 18, 1897, there was filed, in the Pension Office at Washington, at the instance and on behalf of…

2Cases cited3 opinions

  1. State v. LloydWisconsin Supreme Court · 1890
  2. United States v. VolzU.S. Circuit Court for the District of Southern New York · 1876
  3. State v. GeerSupreme Court of Kansas · 1891

3Cited by9 opinions

  1. Levin v. United StatesCourt of Appeals for the Ninth Circuit · 1925
  2. United States v. NoveckSupreme Court of the United States · 1927
  3. Austin v. United StatesCourt of Appeals for the Ninth Circuit · 1927
  4. Berry v. United StatesCourt of Appeals for the Ninth Circuit · 1919
  5. Van Gesner v. United StatesCourt of Appeals for the Ninth Circuit · 1907

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