Young v. People

Citations

• 134 Ill. 37
• 24 N.E. 1070
• 1890 Ill. LEXIS 938

Syllabus

<p>1. Perjury—elements to constitute the offense—materiality—evidence. On indictment for perjury in giving false testimony on the trial of an action of ejectment, the prosecution, in order to convict, must prove that the defendant testified in that suit, willfully, corruptly and falsely, on a matter material to the issue involved in the action of ejectment.</p> <p>2. If the assignment of perjury is on evidence on the trial of a cause, in addition to the production of the record, the previous evidence and state of the cause should be proven, or at least so much of it as shows that the matter sworn to was material.</p> <p>3. Where the alleged false testimony relates to the execution of a deed the record of which was offered on the trial of an ejectment suit, in order to show the materiality of the testimony it will be necessary for the People to show what the chain of the title was, so as to establish the fact that the alleged deed was material; and such chain of title can not be shown by parol evidence, but must be shown by the title deeds, or enough of them to show the materiality of the deed to which the alleged false testimony related.</p> <p>4. It is error to charge the jury, on the trial of one for perjury, that if they believe, from the evidence, beyond a reasonable doubt, the defendant willfully testified falsely in a material matter in the trial of a cause in court, as charged, etc., they should find him guilty. The statute requires- the false testimony, to make out perjury, to be “in a matter material to the issue or point in question.” Material matter may not be material to the issue or point in question.</p>