People v. De Martini

A jury convicted the appellant of the crime of perjury. He appeals upon the ground chiefly that the evidence is insufficient to convict. The indictment charges that the appellant testified falsely in making certain answers to questions propounded to him while being examined on voir dire as a prospective juror in a criminal case in which one Fuski was being tried for a felony. These questions and answers are as follows:

The appellant was not asked to state any fact as to the then present condition of his mind, nor, indeed, to state any fact of any kind; but only to declare under oath that he would try the case solely upon the evidence and the instructions of the court, and that he would not let anything outside of the case enter into his deliberations in the jury-room. His declaration to this effect was not more than his solemn oath that he would well and truly try the case on the evidence. His answers constitute, in effect, the usual oath administered to trial jurors. He merely swore or promised that he would keep his oath as a juror.

I.

[1] It is charged in the indictment that appellant well knew that the answers which he gave were false. Such an allegation, followed by proof…