People v. Martin

Hatch, J.:

It appears by the record upon this appeal that the learned recorder made disposition of the question presented by the demurrer, based *401upon the conclusion that the crime of perjury, as defined in section 96 of the Penal Code, had not been committed.

The reasoning which led to his conclusion in this respect seems to have been that the oath to the certificate, averred to have been taken in the indictment, was not required by any law of the State of New York, and did not, therefore, fall within the language or meaning of the statute, and that not being in pursuance of, or authorized by,…