State v. Lloyd
Wisconsin Supreme Court
EXCEPTIONS from the Circuit Court for Dane County. The case is sufficiently stated in tbe opinion. They contended, i/nter alia, that the affidavit upon which the charge of perjury was based was wholly ineffective because it failed to set forth the facts as required by the statute under which it was made. Perjury cannot be assigned upon immaterial statements. Plath v. Braunsdorff, 40 Wis. 101; 2 Bish. Grim. Law (6th ed.), sec. 1030. Nor upon a legal conclusion.
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EXCEPTIONS from the Circuit Court for Dane County. The case is sufficiently stated in tbe opinion. They contended, i/nter alia, that the affidavit upon which the charge of perjury was based was wholly ineffective because it failed to set forth the facts as required by the statute under which it was made. Perjury cannot be assigned upon immaterial statements. Plath v. Braunsdorff, 40 Wis. 101; 2 Bish. Grim. Law (6th ed.), sec. 1030. Nor upon a legal conclusion. State v. Henderson, 90 Ind. 406. Nor upon an affidavit, where the same was of no legal effect, or where the words alleged to be false…
1Opinion of the CourtOetoN, J.
The information in this case attempts to ■charge the defendant with the crime of perjury in malting a voluntary affidavit, and he was tried, found guilty, and sentenced to the state prison for said offense. Motions in arrest and for a new trial were overruled. The defendant alleged exceptions, which were duly allowed by the judge of the court, under sec. 4120, R. S.
We find the following material errors involved, substantially, in the first three of said exceptions: (1) The affidavit on which perjury is assigned is not in compliance with the statute. (2) The information fails to state that the…
2Cases cited7 opinions
- People v. FoxMichigan Supreme Court · 1872
- Miller v. MunsonWisconsin Supreme Court · 1874
- Plath v. BraunsdorffWisconsin Supreme Court · 1876
- Lathrop v. SnyderWisconsin Supreme Court · 1862
- Goodyear Rubber Co. v. KnappWisconsin Supreme Court · 1884
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3Cited by5 opinions
- State v. DevittWisconsin Supreme Court · 1978
- State ex rel. O'Neill v. TraskWisconsin Supreme Court · 1908
- United States v. BedgoodDistrict Court, D. Alabama · 1891
- Noah v. United StatesCourt of Appeals for the Ninth Circuit · 1904
- State v. EvansWisconsin Supreme Court · 1938