133 N.Y.S. 708 | N.Y. App. Div. | 1912
Information was filed against the defendant for violation of section 813 of the Penal Law. That section in brief makes a person guilty of a misdemeanor who, without giving, offering or promising a bribe, incites or attempts to procure another to commit perjury, or to give false testimony as a witness, although the latter do neither, or to withhold true testimony. The information, among other things, charges that defendant attempted to bribe Meyer, the owner of a truck that had been stolen, to procure his servant, the driver thereof, when subpoenaed as a witness to commit perjury and to fail to identify at the examination before the magistrate one Katz, who had
Jenks, P. J., Carr, Woodward and Rich, JJ., concurred.
Judgment of conviction of the Court of Special Sessions reversed and new trial ordered.