Lambert v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming a judgment of the Court Oyer and Terminer in and for the city and county of Hew York, entered upon a verdict convicting the plaintiff in error of the crime of perjury.
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Error to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming a judgment of the Court Oyer and Terminer in and for the city and county of Hew York, entered upon a verdict convicting the plaintiff in error of the crime of perjury. (Reported below, 14 Hun, 521.) The pe:jury charged was in swearing to an affidavit attached to a statement made, as required by law, by the accused, as president of the American Popular Life Insurance Company, for the year 1876, and deposited in the office of the superintendent of the insurance department. The alleged…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] One of the most serious questions presented by the error book in this case arises in reference to the construction to be placed upon the affidavit in which the alleged perjury is charged to have been committed. It is claimed by the counsel for the prisoner that the affidavit was made upon "information, knowledge and belief," while the indictment avers that the oath was absolute and unqualified, and the traverse simply avers it to be untrue.
It is not denied that…
2Cases cited7 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Wilcox v. SmithNew York Supreme Court · 1830
- Howard v. SextonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Morrell v. PeopleIllinois Supreme Court · 1863
- Coxson v. DolandNew York Court of Common Pleas · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- In re New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Buck v. Hawley & HoopsSupreme Court of Iowa · 1906
- State v. WilliamsSupreme Court of Kansas · 1900
- Hersh v. United StatesCourt of Appeals for the Ninth Circuit · 1934
- Henderson v. GlynnColorado Court of Appeals · 1892
19 more not listed; retrieve them via the Exa API.