People v. Kelly

Sawyer, C. J., delivered the opinion of the Court: The defendant was indicted for the crime of perjury, committed by swearing falsely as to settlement, residence and cultivation, before the Register of the United States Land Office, in the Stockton Land District, in the matter of his application to make proof of settlement and cultivation of a tract of land—a part of the public domain of the United States. A demurrer to the indictment was interposed, on the ground, among others, that the State Court had no jurisdiction of the offense, because it was not committed in any Court or tribunal of the State, nor against the State, but against the United States, and that it is only cognizable in the Federal Courts. The demurrer was overruled, and, upon a subsequent trial, a conviction had.

The fifth section of the Act of Congress of 1857, entitled “An Act in addition to an Act more effectually to provide [149]for the punishment of certain crimes against the United States, and for other purposes,” provides as follows : “And be it further encucted, That in all cases where any oath, affirmation or affidavit shall be made, or taken before any Register or Receiver, or either or both of them, of any local Land Office in the United States, or any Territory thereof, or where any oath, affirmation or affidavit shall be made or taken before any person authorized by the laws of any State or Territory of the United States to administer oaths or affirmations, or take affidavits, and such oaths, affirmations or affidavits are made, used or filed in any of said local Land Offices, or in the General Land Office, as well in cases arising under any or either of the orders, regulations or instructions concerning any of the public lands of the United States, issued by the Commissioner of the General Land Office, or other proper officer of the Government of the United States, as under the laws of the United States, in anywise relating to or affecting any right, claim or title, or any contest therefor, to any of the public lands of the United States; and any person or persons shall, taking such oath, affirmation or affidavit, knowingly, wilfully or corruptly swear or affirm falsely, the same shall be deemed and taken to be perjury, and the person or persons guilty thereof shall, upon conviction, be liable to the punishment prescribed for that offense by the laws of the United States. ”

The eighty-second section of our own State Criminal Code, under which the defendant was indicted, reads as follows : “Every person having taken a lawful oath or made affirmation in any judicial proceeding, or in any other matter where by law an oath or affirmation is required, who shall swear or affirm wilfully, corruptly and falsely in a matter material to the issue or point in question, or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury or subornation of perjury (as the case may be), and .upon conviction thereof shall be punished by imprisonment in the State Prison for any term not less than one nor more than fourteen years.”