People v. Burden
New York Supreme Court
Indictment for perjury, tried at the Livingston oyer and terminer, in May, 1850. The defendant was indicted for perjury, in testifying before the grand jury, by which testimony he procured one Isaac Divine to be indicted for forgery, in uttering counterfeit money.
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Indictment for perjury, tried at the Livingston oyer and terminer, in May, 1850. The defendant was indicted for perjury, in testifying before the grand jury, by which testimony he procured one Isaac Divine to be indicted for forgery, in uttering counterfeit money. On the trial of Divine, the defendant testified to an entirely different state of facts, and in addition thereto testified that his evidence- before the grand jury was false, and that the reason why he there testified falsely was, that he was advised to do so, and did it to save himself from going to the state’s prison; but that his…
1Opinion of the CourtJohnson, J.
This case comes to the general term on exceptions to the charge of the justice upon the trial, that the jury would be warranted in finding the defendant guilty upon his own statement under oath, if they believed such statement to be true.
This part of the charge is supposed to be in conflict with the rule that the testimony of one witness, uncorroborated, is not sufficient to convict a person charged with perjury, as there is in such case only oath against oath.
The rule is too familiar and well settled to need the citation of authorities in its support, that on a trial for perjury, the per*469jury…
2Cases cited1 opinion
- State v. J. B.Supreme Court of Vermont · 1801
3Cited by3 opinions
- Davis v. StateCourt of Appeals of Georgia · 1910
- State v. BuckleyOregon Supreme Court · 1889
- People v. GlassAppellate Division of the Supreme Court of the State of New York · 1920