Legal Opinion

United States v. Smull

Supreme Court of the United States

Decided February 23, 1915No. 598PublishedCited by 61 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON. The facts, which involve the construction and application of Rev. Stat., § 2289, and the validity of an indictment for perjury for violation thereof, are stated in the opinion. The case was one in which the laws of the United States authorized the oath, and the false matter was material within the meaning of § 125 of the Criminal Code.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON. The facts, which involve the construction and application of Rev. Stat., § 2289, and the validity of an indictment for perjury for violation thereof, are stated in the opinion. The case was one in which the laws of the United States authorized the oath, and the false matter was material within the meaning of § 125 of the Criminal Code. The homestead law expressly forbids the making of second entries, such as was attempted in this case, and charges the Land Department with the duty of preventing them.. In the…

1Opinion of the CourtJustice Hughes

This is an indictment for perjury. It is charged that Luther Jerome Smull, the defendant in error, in making application for a homestead entry under § 2289 of the Revised Statutes swore falsely, before the receiver of the land office, that he had not theretofore ‘made any entry under the homestead laws,’ whereas in fact, as he well knew; he had previously made á homestead entry upon which he had obtained patent. The defendant, demurred upon the ground that the indictment did not state a crime. The District Court sustained the demurrer, ruling that the affidavit was not within the statute…

2Cases cited5 opinions

  1. United States v. GrimaudSupreme Court of the United States · 1911
  2. Williamson v. United StatesSupreme Court of the United States · 1908
  3. United States v. BirdsallSupreme Court of the United States · 1914
  4. United States v. GeorgeSupreme Court of the United States · 1913
  5. United States v. BaileySupreme Court of the United States · 1835

3Cited by61 opinions

  1. United States v. DunniganSupreme Court of the United States · 1993
  2. Maryland Casualty Co. v. United StatesSupreme Court of the United States · 1920
  3. Viereck v. United StatesSupreme Court of the United States · 1943
  4. Robertson v. Railroad Labor BoardSupreme Court of the United States · 1925
  5. Cooper v. O'CONNORCourt of Appeals for the D.C. Circuit · 1938

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