Legal Opinion

United States v. Brace

District Court, N.D. California

Decided January 16, 1907No. 4,353Published

1Opinion of the Court

DE HAVEN, District Judge.

Indictment for subornation of perjury. The indictment contains three counts, and the defendant has demurred thereto for uncertainty, and upon the broad ground that the matters alleged do not constitute a public offense, in this: “That .the oath set out therein is extrajudicial, not authorized by law, and will not sustain an indictment for perjury or subornation of perjury.” The first count, in addition to the usual technical averments required in an indictment for subornation of perjury, charges that defendant instigated and procured one Howard A. Cotrell to appear in…

2Cases cited4 opinions

  1. Caha v. United StatesSupreme Court of the United States · 1894
  2. United States v. BuddSupreme Court of the United States · 1892
  3. Olson v. United StatesCourt of Appeals for the Eighth Circuit · 1904
  4. United States v. PoinierSupreme Court of the United States · 1891

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