Collins v. State

• Decision Date: 01 May 1894
• Citation: 15 So. 220,33 Fla. 446
• Parties: COLLINS v. STATE.
• Court: Florida Supreme Court

15 So. 220

33 Fla. 446

COLLINS v. STATE.

Florida Supreme Court

May 1, 1894

Error to circuit court, Columbia county; John F. White, Judge.

Noyes S. Collins was convicted of perjury, and brings error. Reversed.

Syllabus by the Court

SYLLABUS

One of the vital essentials of the crime of perjury, under section 5, p. 371, McClel. Dig., that provides: 'Whoever, being authorized or required by law to take an oath or affirmation willfully swears or affirms falsely in regard to any material matter or thing respecting which such oath or affirmation is authorized or required, shall be deemed guilty of perjury,' etc.,--is that the oath or affirmation alleged to have been taken falsely must be one that is authorized or required by law to be taken under the circumstances or for the purposes for which it is taken. The taking of a mere voluntary or extrajudicial oath, that is nowhere either authorized or required by any law to be taken for the purposes or under the circumstances in which it is taken, is not perjury under this statute, though never so falsely and willfully taken.

COUNSEL R. W. & W. M. Davis, B. Putnam Calhoun Blackwell & Rees, and W. M. Ives, for plaintiff in error.

William B. Lamar, Atty. Gen., for the State.

OPINION

TAYLOR J.

In the circuit court of Columbia county, at the fall term, 1892 Noyes S. Collins, the plaintiff in error, and W. J. Winegar were jointly indicted for perjury as follows: 'That Noyes S. Collins and W. J. Winegar, late of said county, bankers on the 11th day of June, A. D. 1891, at and in the county and state (Columbia county, Florida) aforesaid, desiring then and there to procure, as a pretended deposit in the Lake City Bank, in said county and state, a large amount of money, to wit, ten thousand dollars, from one Geo. B. Ellis, then county treasurer of said county, and to induce the said Geo. B. Ellis to deposit said money in said bank, and a pretense to secure him against all loss therefrom, the said Collins and Winegar then and there made and executed their certain bond in words and figures as follows, to wit: 'State of Florida, Columbia County. Know all men by these presents that we, William J. Winegar, of Palatka, Florida, and Noyes S. Collins and James E. Young, of Lake City, Florida, are held and firmly bound unto Geo. B. Ellis, county treasurer of Columbia county, Florida, in the sum of twenty thousand dollars, lawful money of the United States of America, for the payment whereof well and truly to be made we bind ourselves, our heirs, executors, administrators, jointly and severally firmly by these presents. Signed and sealed this 11th day of June, A. D. 1891, at Lake City, Florida. The condition of this obligation is such that whereas it is desired that the said Geo. B. Ellis, as county treasurer as above stated, deposit the money of the said Columbia county now in his hands as such treasurer, at his option, in the Lake City Bank, a corporation duly established and existing under and pursuant to the laws of the state of Florida, and doing business in Lake City, Columbia county, Florida; and it is the intention of these presents that the said William J. Winegar and Noyes S. Collins and James E. Young, above bounden, shall guaranty that the Lake City Bank will pay back any and all such sums of money as may be so deposited, upon the order of the said Geo. B. Ellis. Now, therefore, if the said Lake City Bank shall well and truly pay back all such sums as may be deposited therein at this time, or may hereafter be deposited on account of Geo. B. Ellis, as treasurer as aforesaid, when thereto requested, then this obligation to be void; otherwise to remain in full force and virtue. William J. Winegar. [Seal.] Noyes S. Collins. [Seal.] James E. Young. [Seal.] Signed, sealed, and delivered in presence of, the name of James E. Young inserted before signing, A. J. Henry.' And to further induce the said Geo. B. Ellis, county treasurer as aforesaid, to make said deposit as aforesaid in said Lake City Bank, the said William J. Winegar and Noyes S. Collins, being then and there duly authorized and required by law to take an oath and affirmation, not then and there in a judicial proceeding, were duly sworn, and took their corporal oaths, before A. J. Henry, a notary public in and for said county, the said A. J. Henry then and there having competent power and authority to administer the said oath to the said William J. Winegar and Noyes S. Collins in that behalf; and that the said William J. Winegar and Noyes S. Collins, being so sworn, did then and there willfully and knowingly, corruptly and falsely swear and affirm, each for himself, that he was worth the sum of ten thousand dollars over and above his debts and exemptions under the laws of the state of Florida, which said oath and affirmation are in words and figures, to wit: 'State of Florida, Columbia county. Before me personally came William J. Winegar and Noyes S. Collins, who, being sworn, say, each for himself, that he is worth the sum of ten thousand dollars over and above his debts and exemptions under the laws of the state of Florida. William J. Winegar. Noyes S. Collins. Sworn and subscribed to before me this 11th day of June, 1891, A. D. A. J. Henry [Seal.] Notary Public.' Said oath then and there being taken by the said Winegar and Collins in regard to a material matter respecting which said oath is by law authorized and required, to...