65 F. 490 | E.D. Mo. | 1894
There are two counts to the indictment in this cause, each of which is challenged by a demurrer. In the first
At the argument of this demurrer, my impression was that the offense defined consist in the technical execution of an instrument of the class defined in the statute, and not to the falsity of the statement of fact contained in such instrument. During the course of the opinion in the case of U. S. v. Staats, 8 How. 41, and rather in line of argument than binding to construe this paragraph of the section, the supreme court threw out an intimation, if not expressly deciding it, in confirmation of this thought. Upon more mature reflection, I am persuaded that this paragraph, of the statute should have a wider scope. Indeed, I cannot conceive how any significance can he given to the words “falsely make” unless they shall be construed to mean the; statements in a certificate which in fact are untrue. “Falsely” means in opposition to the truth. “Falsely makes” means to state in a certificate that which is not true, and, if this be done with the intent and knowledge Avhich. the statute condemns, it falls within the punishment; and this view, if it needs confirmation,, is emphasized by section 5479 of the statute, which relates to forgeries only, and not: to making an affidavit which is genuine itself, but containing untrue and false statements. The demurrer will therefore be overruled.