Commonwealth v. Cornish
Supreme Court of Pennsylvania
nP’HIS was- an indictment of the defendant for perjury, in swearing before a magistrate of the county, “ that “ Jacob Miley, on the 8th November 1813, wilfully and “ maliciously did shoot him the said Cornish, with shot out “ of a gun.”
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nP’HIS was- an indictment of the defendant for perjury, in swearing before a magistrate of the county, “ that “ Jacob Miley, on the 8th November 1813, wilfully and “ maliciously did shoot him the said Cornish, with shot out “ of a gun.” He was tried before the Chief Justice and Judge Bracken-ridge, at a Court of Oyer and Terminer on the 15th inst., when it appeared, that on the night of the 8th November last, a great riot occurred in the Northern Liberties, at which several guns were fired. The prisoner was then shot in the -face, and as one witness swore, immediately said, “ Jacob “ Miley…
1Opinion of the Court
Tirghman C. J.
after stating the case delivered his opinion as follows:
It is contended, that there can be no perjury where a man believes what he swears. But it appears to me that a position so extensive cannot be supported. He ought at least to have some probable cause for belief, unless the oath be taken under such circumstances of haste or surprise as afford no opportunity of deliberation. If a man undertakes to swear to a matter of which he has no knowledge, he is perjured, although what he has sworn turns out to be true. This is *251proved by the case cited by the defendant’s counsel from 3…
2Cases cited1 opinion
- Wibright v. WiseIndiana Supreme Court · 1835
3Cited by10 opinions
- Page v. AllenSupreme Court of Pennsylvania · 1868
- People v. Von TiedemanCalifornia Supreme Court · 1898
- Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1912
- Simpkins v. MalattIndiana Supreme Court · 1857
- United States v. EldredgeUtah Supreme Court · 1887
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