7. The oath must be material to ae question depending. 1 Term, 63 ; 12 Mass. 274 ; 3 Murph. No. C. 123 ; 4 Mo. 47 ; 2 Ill. 80 ; 9 Miss. 149 ; 6 Penn. St. 170 ; 2 Cush. Mass. 212. Where the facts sworn to are wholly foreign from the purpose and altogether im material to the matter in question, the oath does not amount to a legal perjury. 2 Rus sell, Crimes, 521 ; Coke, 3d Inst. 167 ; 8 Ves. Ch. 35 ; 2 Rolle, 41, 42, 369 • 1 Hawkins, PI. Cr. h. 1, c. 69, s. 8 •, Bacon, Abr. Perjury (A) ; 2 Nott & M'C. So. C. 18 ; 2 Mo. 158. But every question in cross-examination which goes to the credit of a witness, as, whether he has beeu before convicted of felony, is ma terial. 3 Carr. & K. 26 ; 2 Mood. Cr. Cas. 263 ; 1 Carr. & M. 655. And see 1 Ld. Raym. 257; 10 Mod. 195 ; 8 Rich. So. C. 456 ; 9 Mo. 824 ; 12 Mete. Mass. 22,5. False evidence, whereby, on the trial of a cause, the judge is induced to admit other material evidence, even though the latter evidence is afterwards with drawn by counsel, or though it was not legally receivable, is indictable as perjury. 2 Den. Cr. Cas. 302 ; 3 Carr. & K. 302.
S. It is not within the plan of this work to cite all the statutes passed by the general government or the several states on the sub ject of perjury. It is proper, however, here to transcribe a part of the thirteenth section of the act of congress of March 3, 1825, which provides as follows " If any person in any ease, matter, hearing, or other proceeding, when an oath or affirmation shall be required to be taken or administered under or by any law or laws of the United States, shall, upon the taking of such oath or affirmation, know ingly and willingly swear or affirm falsely, every person so offending shall be deemed guilty of perjury, and shall, on conviction thereof, he punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labor, not exceeding five years, according to the aggravation of the offence. And if any person or persons
shall knowingly or willingly procure any such petjury to be committed, every person so offending shall he deemed guilty of subor nation of perjury, and shall, on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisontnent and confinement to hard labor, not exceeding five years, according to the aggravation of the offence." See 4 Blackf. Ind. 146 ; 15 N. II. 83 ; 9 Pet. 238 ; 2 McLean, C. C. 135 ; 1 Wash. C. C. 84 ; 2 Mas. C. C. 69.
In general, it may be observe,d that a per jury is committed as well by making a false affirmation as a false oath. See, generally, 16 Viner, Abr. 307 ; Bacon, Abr.; Comyns, Dig. Justices of the Peace (B 102-106) ; 4 Sharswood, Blackst. Comm. 137-139 ; Coke, 3d Inst. 163-168 ; Hawkins, Pl. Cr. b. 1, c. 69 ; Russell, Crimes, b. 5, c. 1 ; 2 Chitty, Crirn. Law, c. 9 ; Roscoe, Crim. Ev.; Burn, Just.; Williams, Just.