John Vuckson v. United States

Appellant appeals from a conviction by a jury of perjury ( 18 U.S.C. §§ 1621 and 3231), committed before a grand jury. We have jurisdiction of the appeal. 28 U.S.C. §§ 1291 and 1294.

Whoever, under oath that he will testify truly, wilfully and contrary to the oath testifies falsely as to a material matter, not believing it to be true, is guilty of perjury. ( 13 U.S.C. § 1621 .) Perjury is not proved as are most crimes. The crime of perjury, from the time of Blackstone, has been declared not capable of proof on the testimony of but one witness, “because there is then but one oath against another.” United States v. Wood, 39 U.S. (14 Pet.) 430, 437 , 10 L.Ed. 527 (1840), citing Hawkins’ Pleas of the Crown, Vol. 2, ch. 46, p. 591.

But is one living witness necessary? The Wood case, supra, holds not; that a defendant’s entries supported by his own letters, showing the cost of goods in his books of account, contrary to his sworn statement as to cost at a custom house, constituted perjury if the jury believes this written evidence and establishes a false and corrupt oath.

In other words, “direct and positive evidence” can be supplied by written evidence; and there need not be “live”…