State v. Thornhill

Citations

• 99 Kan. 808
• 163 P. 145

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Perjury — Evidence of Official Capacity of Justice to Administer Oath. In a criminal prosecution for perjury the justice before whom the alleged false testimony was given may testify to his official capacity without producing a record of his election and qualification. Evidence of his residence and official character together with proof that the testimony was given in a proceeding before him is sufficient proof of thé venue.</p> <p>2. Same — De Facto Officer. A de facto title to the office of justice of the peace is sufficient to authorize the administration of the oath upon ( which perjury is assigned.</p> <p>S. Same — Manner in Which Oath to Defendant Was Administered. In a prosecution for perjury it is not necessary to prove that defendant held up his right hand when he was sworn as a witness, the proof showing that the justice administered to him an oath in the statutory form.</p>