People v. Cohen
California Supreme Court
APPEAL from a judgment of tbe Superior Court of tbe City and County of San Francisco and from an order denying a new-trial. William T. Wallace, Judge. Tbe facts axe stated in tbe opinion of tbe couxt. It is essential that the oath be taken before an officer having authority to administer it, in the particular ease.
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APPEAL from a judgment of tbe Superior Court of tbe City and County of San Francisco and from an order denying a new-trial. William T. Wallace, Judge. Tbe facts axe stated in tbe opinion of tbe couxt. It is essential that the oath be taken before an officer having authority to administer it, in the particular ease. (Róscoe’s Criminal Evidence, 11th ed., 791; Russell on Crimes, 5th ed., 5; 2 Wharton’s Criminal Law, 1263; Van Dusen v. People, 78 Ill. 645; Biggerstaff v. Commonwealth, 11 Bush, 169.) The indictment must show that the officer had authority to administer the oath. (State v. Dayton,…
1Opinion of the CourtVan Fleet, J.
Defendant was convicted of perjury, alleged to have been committed in testifying falsely on the preliminary examination of one Louis Sternberg on a charge of false registration. lie appeals from the judgment and from an order denying him a new trial.
The cause was first submitted here in Department, but without briefs by either party, and upon an oral argument which did not enable the court to reach a conclusion. The case having been thereupon ordered to a hearing in Bank, briefs have since been filed, and a.more satisfactory presentation had of the questions involved.
The first point made by…
2Cases cited5 opinions
- People v. CrespiCalifornia Supreme Court · 1896
- People v. HowardCalifornia Supreme Court · 1896
- State v. PowellTexas Supreme Court · 1866
- Biggerstaff v. CommonwealthCourt of Appeals of Kentucky · 1874
- Van Dusen v. PeopleIllinois Supreme Court · 1875
3Cited by39 opinions
- People v. UhlemannCalifornia Supreme Court · 1973
- Esteybar v. Municipal CourtCalifornia Supreme Court · 1971
- People v. BriteCalifornia Supreme Court · 1937
- People v. BarryCalifornia Court of Appeal · 1957
- State v. FergusonSouth Dakota Supreme Court · 1925
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