United States v. Baer

Benedict, D. J.

The defendant was indicted under section 5392 of the Revised Statutes for having taken an oath before a notary public that a certain deposition subscribed by him *43was true, and wilfully and contrary to said oath therein stated material matter which lie did not believe to be true. Upon a trial he was convicted, and he now moves for a new trial upon the ground that there was no evidence showing that an oath was taken.

The argument made in suppon of the motion is based upon the assumption that the only evidence to show that an oath was administered to the accused was the testimony…