85 P. 994 | Or. | 1906
delivered the opinion of the court.
The defendant was indicted for subornation of perjury in violation of Section 1875, B. & C. Comp., which provides:
“If any person authorized by any law of this state to take an oath or affirmation, or of whom an oath or affirmation shall be required by such law, shall willfully swear or affirm falsely in regard to any matter or thing concerning which such oath or affirmation is authorized or required, such person shall be deemed guilty of perjury, and if any person shall procure any other to commit the crime of perjury, such person shall be deemed guilty of subornation of perjury.”
Section 1321, B. & C. Comp., provides:
“In an indictment for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the crime was committed, and in what court, or before whom,'the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter in which the perjuryis assigned; but the indictment need not set forth the pleadings, record or proeedings with which the oath is connected, nor the commission or authority, of the court or person before whom the perjury was committed.”
Dnder this last section it is sufficient if the indictment sets
The judgment of the lower court will therefore be reversed, and the cause remanded for further proceedings not inconsistent with this opinion. Reversed.