People v. Phelps
New York Supreme Court
Conviction for perjury. The indictment stated that on the 26th October, 1829, Abner B. Phelps, late of, &c. presented to the Hon. Richard Riker, then being the recorder of the city of New-Tork, and authorized to receive petitions under the act to abolish imprisonment for debt in certain cases, passed April 7, 1819, and the several acts relative to insolvent debtors therein referred to, a petition, (as well in his individual capacity as in the capacity of the partner of Elias…
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Conviction for perjury. The indictment stated that on the 26th October, 1829, Abner B. Phelps, late of, &c. presented to the Hon. Richard Riker, then being the recorder of the city of New-Tork, and authorized to receive petitions under the act to abolish imprisonment for debt in certain cases, passed April 7, 1819, and the several acts relative to insolvent debtors therein referred to, a petition, (as well in his individual capacity as in the capacity of the partner of Elias Warner,) therein represented as being then actually an inhabitant within the said city, setting forth his insolvency…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is objected that the indictment does not contain an averment of the facts necessary to give jurisdiction to the recorder to administer an oath.
The act to prevent perjury, 1 R. L. 171, contains a definition of the offence, and states what shall be the substance of the indictment: any person who, by his own act or consent, shall wilfully and corruptly swear falsely before any court, or person having competent authority to administer the oath, shall be adjudged guilty of wilful and corrupt perjury.
The second section of this act prescribes, “ that in every…
2Cited by25 opinions
- Pontius v. . People of the State of New YorkNew York Court of Appeals · 1880
- Maynard v. PeopleIllinois Supreme Court · 1890
- Ratzky v. . the PeopleNew York Court of Appeals · 1864
- Fitch v. CommonwealthSupreme Court of Virginia · 1896
- Gray v. StateCourt of Criminal Appeals of Oklahoma · 1910
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