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SHARRON v. UNITED STATES

No. 259.

11 F.2d 689 (1926)

SHARRON v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

April 5, 1926.

Attorney(s) appearing for the Case

John E. Judge, of Plattsburg, N. Y., for plaintiff in error.

Oliver D. Burden, of Syracuse, N. Y., for the United States.

Before ROGERS, HAND, and MACK, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

The chief question is whether the indictment is good. At common law it was necessary, not only to allege as part of the "assignment of perjury," that the accused knew that the oath was false, and that in fact it was, but also what the truth was. Bartlett v. U. S., 106 F. 884, 46 C. C. A. 19 (C. C. A. 9); U. S. v. Pettus (C. C.) 84 F. 791. But the stringency of the law...

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