COHEN, J.C.C.
Defendant was indicted for perjury allegedly occurring during his testimony in the trial of a civil cause. He moves for dismissal of the indictment. His sole substantial ground is that the allegedly false testimony was not "material," and therefore the charge of perjury will not lie.
Two things are clear. The first is that, to support a charge of perjury, as opposed to false swearing, the testimony not only must be knowingly false, but also must...
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