The People v. . Courtney

The argument in support of the demurrer to the indictment rests upon three propositions; first, that by section 6, article 1, of the Constitution, no person can be compelled in a criminal case to be a witness against himself.; second, that the act, chapter 678 of the Laws of 1869, violates this constitutional provision ; and third, that false swearing on the trial of an indictment by the party indicted on his examination, under the act of 1869 is not therefore legal perjury. Whether the conclusion is a logical or legal deduction from the premises need not be considered, for the reason, that…