Legal Opinion · Dissent

State v. Lewis

Washington Supreme Court

Decided August 28, 1975No. 43613Published

1DissentUtter, J.

(dissenting) — The majority opinion ignores the plain requirements of our statutes, creating an oath where there was none and then upholding a perjury conviction for violating it. The respondent was convicted under a statute which makes it a crime to “swear falsely.” RCW 9.72.030. To “swear,” one must state something “under oath,” and an “oath,” to be legally recognizable, must be taken in a “mode authorized by law . . .” RCW 9.72.040.

The sole legally authorized method for taking an oath in applications for replacements for lost license plates is established by RCW 46.16.270, which requires…

2Cases cited7 opinions

  1. State v. DouglasWashington Supreme Court · 1967
  2. James A. Williams v. Pierce County Board of CommissionersCourt of Appeals for the Ninth Circuit · 1959
  3. Sullivan v. First Nat. Bank of FlatoniaCourt of Appeals of Texas · 1904
  4. Lowry v. StateCourt of Criminal Appeals of Texas · 1956
  5. People ex rel. Greene v. SwaseyNew York Supreme Court · 1924

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