United States v. Gray

E.D. New York

United States v. Gray

255 F. 98, 1918 U.S. Dist. LEXIS 684

District Court, E.D. New York·Decided June 25, 1918·Published

Opinion

GARVIN, District Judge.

Defendant has been convicted of willfully and corruptly swearing falsely before a special commissioner in a bankruptcy proceeding, and now moves to set aside the verdict and for a new trial, claiming that perjury'has not been proved. In my opinion, when the witness undertook to answer a question by which it was sought to ascertain what other places she had, and when she failed to state those places, such failure was equivalent to swearing to a statement of assets which was incomplete. The latter is perjury. United States v. Nihols, 4 McLean, 23, Fed. Cas. No. 15,880.

Motion to set aside verdict denied.

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GARVIN, District Judge.

Defendant has been convicted of willfully and corruptly swearing falsely before a special commissioner in a bankruptcy proceeding, and now moves to set aside the verdict and for a new trial, claiming that perjury'has not been proved. In my opinion, when the witness undertook to answer a question by which it was sought to ascertain what other places she had, and when she failed to state those places, such failure was equivalent to swearing to a statement of assets which was incomplete. The latter is perjury. United States v. Nihols, 4 McLean, 23, Fed. Cas. No. 15,880.

Motion to set aside verdict denied.

United States v. Gray, 255 F. 98, 1918 U.S. Dist. LEXIS 684 (E.D.N.Y. 1918).

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Opinion

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