State v. Waddle
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. W. D. Tisdale, Judge. The defendant was indicted for the crimp of endeavoring to incite, or procure, another to commit perjury The charge is as follows: “That said W, B, Waddle, on or about the sixth day of June, in the year of our Lord, one thousand eight hundred and ninety-three, in the county aforesaid, and state of Iowa, and on divers other times and days, did unlawfully and feloniously, intending to pervert the due course of…
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Appeal from Wapello District Court. — Hon. W. D. Tisdale, Judge. The defendant was indicted for the crimp of endeavoring to incite, or procure, another to commit perjury The charge is as follows: “That said W, B, Waddle, on or about the sixth day of June, in the year of our Lord, one thousand eight hundred and ninety-three, in the county aforesaid, and state of Iowa, and on divers other times and days, did unlawfully and feloniously, intending to pervert the due course of law, did corruptly and maliciously incite, instigate, and endeavor to persuade and procure one Lizzie Seadore to charge…
1Opinion of the CourtLiven, J.
1 I. The first contention is as to a rule of evidence. Section 8986, of the Code, defines the crime of perjury. Section 3937, provides: “If any person procure another to commit perjury, he is guilty of subornation of perjury.” And section 3938, under which this indictment is found, provides: “If any person endeavor to incite or procure another to commit perjury, though no perjury be committed, he shall be punished,” etc. Perjury is manifestly an element in each of these offenses. In the first two it is perjury committed, and in the last perjury endeavored to be procured to be committed.…
2Cited by8 opinions
- State v. RuskinOhio Supreme Court · 1927
- State v. RichardsonSupreme Court of Missouri · 1913
- Tipton v. StateCourt of Special Appeals of Maryland · 1969
- Cohen v. United StatesCourt of Appeals for the Second Circuit · 1928
- State v. PowersSupreme Court of Iowa · 1948
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