PERJURY. In Criminal Law. A wil ful false oath by one who, being lawfully re quired to depose the truth in any judicial proceeding, swears absolutely in a rnatter material to the point in question, whether he be believed or not.
The wilful giving, under oath in a judicial proceeding or course of justice, of false testi mony material to the issue or point of inquiry. 2 Bishop, Crim. Law, 860.
2. The intention must be wilful. The oath must be taken and the falsehood asserted with deliberation and a consciousness of the nature of the statement made ; for if it has arisen in consequence of inadvertency, sur prise, or mistake of the import of the ques tion, there was no corrupt motive. Hawkins, Pl. Cr. b. 1, c. 69, 8. 2 ; Croke Eliz. 492 ; 2 Show. 165 ; 4 McLean, C. C. 113 ; 3 Dev. No.
C. 114 ; 7 Dowl. & R. 665 ; 5 Barnew. & C. 346 ; 7 Carr. & P. 17 ; 11 Q. B. 1028 ; 1 Rob.
Va. 729 ; 3 Ala. N. s. 602. But one who swears wilfully and deliberately to a matter which he rashly believes, which is false, and which he had no probable cause for believing, is guilty of perjury. 6 Binn. Penn. 249. See 1 Baldw. C. C. 370 ; 1 Bail. So. C. 50 ; 4 Mc Lean, C. C. 113.
3. The oath must be false. The party must believe that what he is swearing is fictitious ; and if, intending to deceive, be asserts that which may happen to be true, without any knowledge of the fact, he is equally criminal, and the accidental truth of his evidence will not excuse him. Coke, 3d Inst. 166 ; Haw kins, Pl. Cr. b. 1, c. 69, s. 6. See 4 Mo. 47 ; 4 Zabr. N. J. 455 ; 9 Barb. N. Y. 467 ; 1 Carr. & K. 519. As, if a man swears that C D re yoked his will in his presence, if he really had revoked it, but it was unknown to the witness that he had done so, it is perjury. Heti. 97.
4. The party must be lawfully sworn. The person by whom the oath is administered must have competent authority to receive it: an oath, therefore, taken before a private person, or before an officer having no juris diction, will not amount to perjury. " For
where the court bath no authority to hold plea of the cause, but it is coram non judice, there perjury-cannot be committed." 1 Ind. 232; 1 Johns. N. Y. 498 ; 9 Cow. N. Y. 30 ; 3 M'Cord, So. C. 308 ; 4 id. 165 ; 3 Carr. & P. 419 ; 4 Hawks, No. C. 182; 1 Nott & M'C. So. C. 546 ; 3 M'Cord, So. C. 308 ; 2 Hayw. No. C. 56 ; 8 Pick. Mass. 453 ; 12 Q. B. 1026; Dearsl. Cr. Cas. 251 ; 2 Russell, Crimes, 520; Coke, 3d Inst. 166.
5. The proceedings must be judicial. 5 Mo. 21 ; 1 Bail. So. C. 595 ; 11 Meth. Mass. 406; 5 Humphr. Tenn. 83; 1 Johns. N. Y. 49; Wright, Ohio, 173 ; Russ. & R. 459. Proceed ings before those who are in any way in trusted with the administration of justice, in respect of any matter re.gularly before them, are considered as judicial for this purpose.
2 Russell, Crimes, 518 ; Hawkins, Pl. Cr. b. 1, c. 69, s. 3. See 3 Yeates, Penn. 414; 9 Pet. 238 ; 2 Conn. 40 ; 11 id. 408 ; 4 M'Cord, So. C. 165. Perjury cannot be committed where the matter is not regularly before the court. 4 Hawks, No. C. 182 ; 2 Hayw. No. C. 56 ; 3 M'Cord, So. C. 308 ; 8 Pick. Mass. 453 ; 1 Nott & M'C. So. C. 546 ; 9 Mo. 824 ; 18 Barb. N. Y.'407; 10 Johns. N. Y. 167; 26 Me. 33 ; 7 Blackf. Ind. 25 ; 5 Barnew. & Ald. 634; 1 Carr. & P. 258 ; 9 id. 513.
6. The assertion must be absolute. If a man, however, swears that he believes that to be true which he knows to be false, it will be perjury. 10 Q. B. 670 ; 3 Wile. 427 ; 2 W. Blackst. 881 ; 1 Leach, 242 ; 6 Binn. Penn. 249 : Gilbert, Ey? Lofft ed. 662. It is immaterial whether the testimony is given in answer to a question or voluntarily. 3 Zabr. N. J. 49; 12 Meth. Mass. 225. Perjury cannot be as signed upon the valuation, under oath, of a jewel or other thing the value of which con sists in estimation. Sid. 146 ; 1 Kebl. 510. But in some cases a false statement of opinion may become perjury. 10 Q. B. 670 ; 15 111 357 • 3 Ala. w. s. 602 ; 3 Strobh. So. C. 147 ; Blaokf. Ind. 62 ; 1 Leach, Cr. Cas. 4th ed. 325.