6 Binn. 249 | Pa. | 1814
after stating the case delivered his opinion as follows:
It is contended, that there can be no perjury where a man believes what he swears. But it appears to me that a position so extensive cannot be supported. He ought at least to have some probable cause for belief, unless the oath be taken under such circumstances of haste or surprise as afford no opportunity of deliberation. If a man undertakes to swear to a matter of which he has no knowledge, he is perjured, although what he has sworn turns out to be true. This is
The question resolves itself into this, can one be guilty of peijury who believes what he says to be the truth? Probable cause, or reaso?iable ground of belief, in a prosecution in a course of justice, will exempt from damages. The want of probable cause or reasonable ground, pari ratione will subject to the conviction of perjury; for 'the mala mens, malilla, or malice, is ah inference of law from
In the present case, it cannot be doubted, but-that an action of slander could have been supported on words spoken to the effect of what was sworn, even though believed by him publishing. The being spoken in a course of justice will protect against this. The being sworn in a course of justice, will not protect on the ground of a probable cause. There was no probable cause in this case, no reasonable ground. The charge was rashly made, and wantonly persisted in, without throwing himself open to conviction of his mistake, or using due means to inform himself of it, though he would seem to have had abundant opportunity of making enquiry, and informing himself as to the ground of his misconception. The not having done this, shews a carelessness as to what he swore; and even when in court he persisted in his first belief.
We are between Scylla and Charybdis in this case. On the one hand, there is the risk of discouraging testimony given for the Commonwealth; on the other hand, there is the risk of individuals from rash and unadvised swearing. There can be no doubt but' that an action for a malicious prosecution would lie in this case; but what satisfaction would it be to recover damages against a defendant of no property? It ought to be at a man’s risk to undertake to swear positively, under circumstances where he ought to have mistrusted his vision, and could not have been certain,.. as to what he undertook to say positively that he saw. This was the case here.
New trial refused.