In re Sheldon for a Writ of Habeas Corpus
Nevada Supreme Court
Original application of William H. Sheldon for a writ of habeas corpus. The questions propounded to the plaintiff in the divorce action were gratuitous to the last degree. The oath' administered to her, so far as it went to the jurisdictional question here involved, was administered in an inquiry not authorized by law. Her testimony was immaterial and her .oath was. immaterial.
Read the full summary
Original application of William H. Sheldon for a writ of habeas corpus. The questions propounded to the plaintiff in the divorce action were gratuitous to the last degree. The oath' administered to her, so far as it went to the jurisdictional question here involved, was administered in an inquiry not authorized by law. Her testimony was immaterial and her .oath was. immaterial. “To constitute the crime of perjury, the false oath must not only be as to material facts, but it must also in itself be material.” 20 Cyc. 1421. “The facts sworn to may be material, and yet the false swearing be no…
1Opinion of the Court
By the Court,
Ducker, J.:
This is an original proceeding in habeas corpus. An information was filed in the Second judicial district court of the State of Nevada, in and for the county of Washoe, on the 29th day of April, 1920, by the district attorney of said county, in which petitioner was charged with the crime of subornation of perjury. A bench warrant was issued upon the information, and the petitioner was arrested by the sheriff of said Washoe County. He was released from the custody of the sheriff upon furnishing bail, and thereafter surrendered himself to the officer. It is from this…
2Cases cited5 opinions
- The People v. . CourtneyNew York Court of Appeals · 1884
- Mackin v. PeopleIllinois Supreme Court · 1885
- Commonwealth v. GrantMassachusetts Supreme Judicial Court · 1874
- State v. WakefieldSupreme Court of Missouri · 1881
- Wilson v. StateSupreme Court of Georgia · 1902
3Cited by6 opinions
- Leland v. LelandIllinois Supreme Court · 1925
- State ex rel. Fowler v. MooreNevada Supreme Court · 1922
- Lemberes v. StateNevada Supreme Court · 1981
- Taylor v. Sheriff of Clark CountyNevada Supreme Court · 1969
- Colle v. StateNevada Supreme Court · 1969
1 more not listed; retrieve them via the Exa API.