United States v. Moore
District Court, D. Massachusetts
The statute of March 2, 1863, § 1 (12 Stat 696), is, that any person in the land or naval forces of the United States, or in the militia in actual service in time of war, who shall make, or cause to be made, any claim upon the government of the United States, knowing such claim to he false, fictitious, or fraudulent, or who shall, for the purpose of obtaining payment of any such claim, make any false . . . statement, certificate, affidavit, or deposition, knowing the same to…
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The statute of March 2, 1863, § 1 (12 Stat 696), is, that any person in the land or naval forces of the United States, or in the militia in actual service in time of war, who shall make, or cause to be made, any claim upon the government of the United States, knowing such claim to he false, fictitious, or fraudulent, or who shall, for the purpose of obtaining payment of any such claim, make any false . . . statement, certificate, affidavit, or deposition, knowing the same to contain any false or fraudulent statement or entry, or any false oath to any fact, statement, &c., may be tried by…
1Opinion of the Court
DOWELL, District Judge.
I have made up :my mind that my instruction to the jury upon one point was not sufficiently full and explicit, and may, perhaps, have misled them, to the injury of the defendant. I charged in the words attributed to Judge Sprague, in U. S. v. Atkins [Case No. 14,474], “that the jury must be satisfied that the defendant swore to a declaration widely at the time, he knew to be false; and that may be either by swearing to a fact which he knows is not true, or “by swearing to his knowledge of the fact when he knew he had no such knowledge.” There appears to be a much fuller…
2Cases cited2 opinions
- Commonwealth v. CornishSupreme Court of Pennsylvania · 1814
- People v. McKinneyNew York Supreme Court · 1857
3Cited by2 opinions
- United States v. EdwardsU.S. Circuit Court for the District of Southern Alabama · 1890
- Steagald v. StateCourt of Appeals of Texas · 1886