State v. Shaffner

Citations

• 22 Del. 576
• 6 Penne. 576
• 69 A. 1004
• 1908 Del. LEXIS 33

Syllabus

<p>Criminal Law—Indictment—Attempting to Persuade Another to Commit Perjury—Perjury—Offense—Common Law— Statute—What State Must Prove—Bad Reputation of Defendant; Effect of—Evidence.</p> <p>1. Perjury was an offense at common law, and is where a lawful oath is administered in some judicial proceeding or due course of justice, to a person who swears wilfully, absolutely and falsely, in a matter material to the issue or point in question.</p> <p>2. Where the crime of perjury is committed at the instigation or procurement of another, it is termed subornation of perjury in the party instigating it, and is also an offense at common law. So also is an attempt to instigate or persuade another to commit perjury an offense at common law, notwithstanding the fact that the perjury was not afterwards actually committed.</p> <p>3. By a statute of this State it is made a felony for any person to commit the crime of perjury, or to procure any other person to commit such crime.</p> <p>4. While an attempt to procure one to commit perjury is not specifically provided for by statute, it comes within the terms of the general statute which provides that offenses indictable at common law, and not specifically provided by statutes, shall be deemed misdemeanors.</p> <p>5. To establish such offense the State must show that the defendant instigated and endeavored to persuade the witness to swear in the former trial in substance and effect as set forth in the indictment; that this was false, and was known to be false, at the time of the instigation and attempt, both by the defendant and the person he is alleged to have attempted to procure to commit perjury.</p> <p>6. In considering the testimony of the defendant the jury should have regard to the uncontradicted evidence as to his bad reputation for truth and veracity, his former conviction for offenses involving moral turpitide, and the interest he has in the determination of the case.</p>