Berry v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Charles Berry was convicted of perjury, and he brings error. The plaintiff in error was convicted upon an Indictment charging him with perjury in making an affidavit.
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In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Charles Berry was convicted of perjury, and he brings error. The plaintiff in error was convicted upon an Indictment charging him with perjury in making an affidavit. The indictment alleges that the affidavit was made concerning a desert land entry then pending in the United States land office as the testimony of a witness in making the annual proof of improvements upon certain lands described therein, “and which said affidavit is in the words and…
1Opinion of the CourtGilbert, Circuit Judge
(after stating (he facts as above). The plaintiff in error moved in arrest of judgment.in the court below, on the ground that the indictment does not charge facts sufficient to constitute an offense against the laws of the United States. The same objection to the indictment is presented in this court, and it is now argued that facts are not set forth in the indictment to show that the evidence alleged to have been falsely given was material to the issues or the facts, or that the affidavit was received, accepted, or acted upon as the affidavit required by law, and that the indictment is…
2Cases cited8 opinions
- Dunbar v. United StatesSupreme Court of the United States · 1895
- Hendricks v. United StatesSupreme Court of the United States · 1912
- United States v. SmullSupreme Court of the United States · 1915
- Markham v. United StatesSupreme Court of the United States · 1895
- Boren v. United StatesCourt of Appeals for the Ninth Circuit · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Woolley v. United StatesCourt of Appeals for the Ninth Circuit · 1938
- United States v. NoveckSupreme Court of the United States · 1927
- Steinberg v. United StatesCourt of Appeals for the Second Circuit · 1926
- Travis v. United StatesCourt of Appeals for the Tenth Circuit · 1941
- Claiborne v. United StatesCourt of Appeals for the Eighth Circuit · 1935
9 more not listed; retrieve them via the Exa API.