United States v. Volz
U.S. Circuit Court for the District of Southern New York
[This was an indictment against John Volz for perjury. Heard on a motion for a new trial.]
1Opinion of the Court
BENEDICT, District Judge.
The prisoner was charged with having committed perjury in a certain written deposition made by him before John A. Osborn, a United States commissioner. Having been convicted, he now moves for a new trial, upon the ground that the facts do not make out the crime of perjury, as defined by section 5392, Rev. St. U. S. The facts are as follows: A complaint was made before John A. Osborn, a United States commissioner, against one Thomas P. Somerville, charging him with the crime of conspiracy. Upon such complaint the commissioner issued his warrant to apprehend Somerville,…
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