Barnard v. United States
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Oregon. The plaintiff in error was charged by indictment in the Circuit Court of the United States for the District of Oregon with the crime of perjury in delivering his testimony as a witness in the matter of the application of one Charles A. Watson to make final proof upon a homestead entry of public lands of the United States in the district of Oregon.
Read the full summary
In Error to the Circuit Court of the United States for the District of Oregon. The plaintiff in error was charged by indictment in the Circuit Court of the United States for the District of Oregon with the crime of perjury in delivering his testimony as a witness in the matter of the application of one Charles A. Watson to make final proof upon a homestead entry of public lands of the United States in the district of Oregon. The indictment charged that the defendant “came in person before James S. Stewart, who was then and there the duly appointed, qualified, and acting United States…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). It is objected that there is no allegation in the indictment that the United States commissioner before tvhom the defendant appeared and took the false oath mentioned in the indictment had authority to administer the particular oath upon which the charge of perjury is based. The indictment is founded upon section 5392 of the Revised Statutes (U. S. Comp. St. 1901, p. 3653), which provides as follows:. “Every person who, having taken an oath before a competent tribunal, officer, or person in any case in which the law of the United States authorizes an oath…
2Cases cited5 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Williamson v. United StatesSupreme Court of the United States · 1908
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Viles v. City of WalthamMassachusetts Supreme Judicial Court · 1893
- Van Gesner v. United StatesCourt of Appeals for the Ninth Circuit · 1907
3Cited by9 opinions
- Mattox v. News Syndicate Co.Court of Appeals for the Second Circuit · 1949
- Thomas Curtis Bush v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- Eugene W. Beadnell v. United States of America, Gary S. Clemens v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- Anthouy Coppola and Karl M. Noble v. United StatesCourt of Appeals for the Ninth Circuit · 1954
- Danaher v. United StatesCourt of Appeals for the Eighth Circuit · 1930
4 more not listed; retrieve them via the Exa API.