Legal Opinion

United States v. Edwards

U.S. Circuit Court for the District of Southern Alabama

Decided April 14, 1890PublishedCited by 18 opinions

Demurrer to Indictment for Perjury.

1Opinion of the CourtToitt.min, J.

To constitute perjury, it is essential that the oath was administered in the manner prescribed by law, and by some person duly authorized to administer the same, in the matter wherein it was taken. The false statement must bo material to the issue in the case in which it was made, and it must be willfully made. U. S. v. Stanley, 6 Mc-Lean, 409. Perjury cannot be committed unless the person taking the oath not only swears to what is false, or what he does not believe to be true, but does so willfully. U. S. v. Dennee, 3 Woods, 39; U. S. v. Evans, 19 Fed. Rep. 912; 3 Greenl. Ev. § 189; 2 Bish.…

2Cases cited2 opinions

  1. United States v. DenneeU.S. Circuit Court for the District of Louisiana · 1877
  2. United States v. MooreDistrict Court, D. Massachusetts · 1873

3Cited by18 opinions

  1. United States v. Maurice RoseCourt of Appeals for the Third Circuit · 1954
  2. Townsend v. United StatesCourt of Appeals for the D.C. Circuit · 1938
  3. Schmeller v. United StatesCourt of Appeals for the Sixth Circuit · 1944
  4. Wick v. GunnSupreme Court of Oklahoma · 1917
  5. United States v. HowardDistrict Court, W.D. Tennessee · 1904

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