Commonwealth v. Grant
Massachusetts Supreme Judicial Court
Indictment for perjury. The indictment set forth at length that at a session of the Police Court of Charlestown, on March 6, 1873, one Lydia L. Grant was in due form of law tried under the name of Lydia L. Linnell on a complaint charging her with larceny from one Theodore L. Grant, within the jurisdiction of said Police Court; that at the trial aforesaid said Theodore L. Grant did appear as a witness for the Commonwealth, and then and there was sworn to speak the truth, the…
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Indictment for perjury. The indictment set forth at length that at a session of the Police Court of Charlestown, on March 6, 1873, one Lydia L. Grant was in due form of law tried under the name of Lydia L. Linnell on a complaint charging her with larceny from one Theodore L. Grant, within the jurisdiction of said Police Court; that at the trial aforesaid said Theodore L. Grant did appear as a witness for the Commonwealth, and then and there was sworn to speak the truth, the whole truth, and nothing but the truth, as such witness ; that at and upon said trial of the said Lydia, upon the…
1Opinion of the CourtDevens, J.
The request made by the defendant was properly declined by the presiding judge. A party not only commits perjury by swearing falsely and corruptly as to the fact which is immediately in issue, but also by so doing as to material circumstances which have a legitimate tendency to prove or disprove *21such fact. He cannot in the latter case exonerate himself from the offence, because, while the circumstances to which he thus swore did not exist, the fact sought to be established by them did exist. Even if the defendant was not married to Linnell, if he corruptly and falsely swore that he had not so…
2Cited by23 opinions
- United States v. GaudinSupreme Court of the United States · 1995
- Commonwealth v. McDuffeeMassachusetts Supreme Judicial Court · 1979
- Commonwealth v. BoransMassachusetts Supreme Judicial Court · 1979
- People v. . DoodyNew York Court of Appeals · 1902
- Goins v. United StatesCourt of Appeals for the Fourth Circuit · 1938
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