Commonwealth v. Carel
Massachusetts Supreme Judicial Court
Indictment for perjury, averring that at Boston in the county of Suffolk, on March 29, 1869, Mary Ross was brought before the municipal court of the city of Boston on a complaint for larceny, and ordered to recognize with sufficient sureties for her appearance to answer thereto, and failing so to recognize was committed to jail; that afterwards, on the same day, “ at Boston aforesaid, before John G. Locke, Esquire, the said Locke being then and there a commissioner within…
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Indictment for perjury, averring that at Boston in the county of Suffolk, on March 29, 1869, Mary Ross was brought before the municipal court of the city of Boston on a complaint for larceny, and ordered to recognize with sufficient sureties for her appearance to answer thereto, and failing so to recognize was committed to jail; that afterwards, on the same day, “ at Boston aforesaid, before John G. Locke, Esquire, the said Locke being then and there a commissioner within and for the said county of Suffolk, legally authorized and duly qualified to take bail in criminal cases in said county,”…
1Opinion of the CourtAmes, J.
An indictment for perjury should show that in a judicial proceeding, before a court having jurisdiction, or a person having authority to administer the oath, the party accused wilfully made oath to a statement of a material fact, and that such statement was false. This indictment sufficiently shows that the oath was administered in a judicial proceeding, and that the magistrate before whom the proceeding took place was a person duly authorized in administer the oath. Commonwealth v. Hughes, 5 Allen, 499. Gen. Sts. c. 170, § 36. The fact sworn to was material, as the sufficiency of the…
2Cited by13 opinions
- United States v. Thomas C. ReedCourt of Appeals for the Second Circuit · 1985
- Steinberg v. United StatesCourt of Appeals for the Second Circuit · 1926
- United States Ex Rel. Starr v. MulliganCourt of Appeals for the Second Circuit · 1932
- Commonwealth v. ButlandMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. HatfieldMassachusetts Supreme Judicial Court · 1871
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