Legal Opinion

People v. Brown

Illinois Supreme Court

Decided April 18, 1912PublishedCited by 4 opinions

Writ op Error to the Appellate Court for the First District;—heard in that court on writ of error to the Criminal Court of Cook county; the Hon. Willard M. Mc-FwpN, Judge, presiding.

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Writ op Error to the Appellate Court for the First District;—heard in that court on writ of error to the Criminal Court of Cook county; the Hon. Willard M. Mc-FwpN, Judge, presiding. The plaintiff in error was convicted in the criminal court of Cook county of the crime of endeavoring to incite or procure one Charles T. Haas to commit the crime of perjury by swearing falsely in a certain disbarment proceeding then pending in this court against the plaintiff in error, and ■¡which had been referred to G. Fred Rush, a master in chancery of Cook county, as special commissioner, to take the…

1Opinion of the CourtJustice Hand

It is first contended that the indictment is insufficient because it is not shown therein, or in either count thereof, by proper averment, that the testimony which the plaintiff in error endeavored to incite or procure Charles T. Haas to - give in the disbarment proceeding was material to the issue involved in that proceeding-. It is well settled in this State that there are two methods of averring the materiality of the testimony upon which the perjury is assigned. One method is to set out the false testimony and then to aver that it was material to the issue then being tried; and the other…

2Cases cited5 opinions

  1. Greene v. PeopleIllinois Supreme Court · 1899
  2. Kizer v. PeopleIllinois Supreme Court · 1904
  3. Toledo, Wabash & Western Railway Co. v. WilliamsIllinois Supreme Court · 1875
  4. Kimmel v. PeopleIllinois Supreme Court · 1879
  5. People ex rel. Healy v. BrownIllinois Supreme Court · 1905

3Cited by4 opinions

  1. People v. LylesIllinois Supreme Court · 1985
  2. People v. HaygoodAppellate Court of Illinois · 1965
  3. People v. SmothersAppellate Court of Illinois · 1971
  4. People v. LylesIllinois Supreme Court · 1985

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