Case v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming a judgment of the Court of Oyer and Terminer, in and for the city and county of New York, entered upon a verdict convicting the plaintiff in error of the crime of perjury.
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Error to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming a judgment of the Court of Oyer and Terminer, in and for the city and county of New York, entered upon a verdict convicting the plaintiff in error of the crime of perjury. (Reported below, 14 Hun, 503.) The perjury alleged in the indictment was in swearing to an affidavit attached to a statement, made, as required by law, by plaintiff in error, as president of the Security Life and Annuity Company, for the year 1875. The affidavit purported to have been sworn to before Moses B.…
1Opinion of the CourtMiller, J.
Numerous questions were raised upon the argument as to the validity of the conviction of the accused. Among others, and perhaps the most serious one arises upon the motion made by the prisoner’s counsel, at the close of the testimony of the prosecution upon the trial of the indictment, to acquit the defendant, upon the ground of the insufficiency of the proof that the affidavit ivas made, upon which the perjury was assigned. The same motion was renewed at the close of the whole testimony, and the court were then requested to instruct the jury to acquit, on the ground that the oath was not…
2Cited by23 opinions
- O'Reiley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Markey v. StateSupreme Court of Florida · 1904
- State v. MadiganSupreme Court of Minnesota · 1894
- McKnight v. State Land BoardUtah Supreme Court · 1963
- Wagoner v. City of La GrandeOregon Supreme Court · 1918
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