People v. . Martin
New York Court of Appeals
(175 N. Y.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered December 26, 1902, reversing a judgment of the Hew York Court of General Sessions, which allowed a demurrer to the indictment, and directing the defendants to plead thereto. The defendants demurred upon various grounds, but principally upon the ground that the facts stated did not constitute a crime, and that is practically the only ground relied upon.
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(175 N. Y.) Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered December 26, 1902, reversing a judgment of the Hew York Court of General Sessions, which allowed a demurrer to the indictment, and directing the defendants to plead thereto. The defendants demurred upon various grounds, but principally upon the ground that the facts stated did not constitute a crime, and that is practically the only ground relied upon. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Martin, J.:
We have reached the conclusion that, the judgment of the Appellate Division should he affirmed. We also concur in the able opinion of that court, and should rest our decision thereon but for the intimation therein that the words “ required by law,” contained in the statute defining the crime of perjury, are to be limited to affidavits and oaths required by the laws of this State. With that suggestion we do not agree. Hence1, the only question we deem it necessary to consider is whether, under our statute, a person taking a false and corrupt oath in this State, required or permitted…
2Cases cited14 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Parsons v. . LymanNew York Court of Appeals · 1859
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
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3Cited by20 opinions
- F. A. Straus & Co. v. Canadian Pacific Railway Co.New York Court of Appeals · 1930
- Recovery Consultants, Inc. v. Shih-HsiehAppellate Division of the Supreme Court of the State of New York · 1988
- Corbin v. HoulehanSupreme Judicial Court of Maine · 1905
- Pringle v. GibsonSupreme Judicial Court of Maine · 1937
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 1904
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