O'Reiley v. . People of the State of New York
New York Court of Appeals
Error to the General Term of the Supreme Court, in- the third judicial department, to review judgment entered upon an order'made the first Tuesday of May, 1881, which affirmed a judgment of the Court of Oyer and Terminer of the county of Albany, entered upon a verdict convicting the plaintiff of the crime of perjury, in verifying an affidavit attached to an account presented by the prisoner, to the board of supervisors of the county of Albany.
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Error to the General Term of the Supreme Court, in- the third judicial department, to review judgment entered upon an order'made the first Tuesday of May, 1881, which affirmed a judgment of the Court of Oyer and Terminer of the county of Albany, entered upon a verdict convicting the plaintiff of the crime of perjury, in verifying an affidavit attached to an account presented by the prisoner, to the board of supervisors of the county of Albany. The affidavit was as follows: “ State of New York, ) - City mid County of Albcmy. j 0. O’Reilly, being duly sworn, saith that the items of the within…
1Opinion of the CourtFinch, J.
The evidence on behalf of the prisoner tended to prove, that on the occasion of the alleged perjury, no words passed between the officer and the accused, and what was done consisted only of the latter’s signature to the jurat, which he thereupon handed to the officer who affixed his own name to the certificate in silence. The force of this evidence was weakened, if not entirely destroyed, by the charge of the court. The learned judge who presided at the trial, with great care and deliberation, laid down a rule for the guidance of the jury, which is now assailed as erroneous. He stated it…
2Cases cited3 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
- Case v. . the PeopleNew York Court of Appeals · 1879
3Cited by44 opinions
- People v. GilletteAppellate Division of the Supreme Court of the State of New York · 1908
- People v. TylerNew York Court of Appeals · 1978
- In Re Petition for Removal of RiceAppellate Court of Illinois · 1962
- Markey v. StateSupreme Court of Florida · 1904
- State v. MadiganSupreme Court of Minnesota · 1894
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