Burns v. People
New York Supreme Court
EIT of error to the court of oyer and terminer of the county of Schenectady, to reverse a .conviction for perjury at an election.
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EIT of error to the court of oyer and terminer of the county of Schenectady, to reverse a .conviction for perjury at an election. The indictment alleged, that on the 8th day of November, A. D. 1870, at the city of Schenectady, in the county of Schenectady, and State of New York, at a general election, held in said city and county aforesaid, for the choice of a governor, lieutenant-governor, a comptroller, two canal commissioners, an inspector of State prisons of the State aforesaid; for the choice of a member of congress from the eighteenth congressional district of the State aforesaid, and…
1ConcurrencePotter, J.
I concur with the presiding judge in his opinion, except as to the sixth objection, upon the question of the assignment of perjury. The occasion, the time and place where the oath was taken, the authority of the officer to administer the oath, and the matter sworn to, were all well alleged, and fully and sufficiently assigned. The oath administered was prescribed by statute; it contained multifarious matters, but one distinct particular of which was charged as being false, to wit, that you, have not voted at this election. And the falsity was charged in this, to wit, that the said Barnard…
2Cases cited2 opinions
- Biggs v. PeopleNew York Supreme Court · 1850
- The People v. . PowersNew York Court of Appeals · 1851