PEOPLE v. O'BRIEN


281 A.D. 982 (1953)

The People of the State of New York, Respondent, v. Joseph F. O'Brien, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 13, 1953.


No opinion.

Nolan, P. J., and Schmidt, J., dissent and vote to reverse the judgment and to dismiss the indictment, with the following memorandum:

The count in the indictment on which defendant was convicted charged that, having been sworn before the Grand Jury, he testified falsely that the answers given by him to questions contained in a questionnaire theretofore submitted to him were true "to the best of his knowledge, information and belief"; that among...

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