Holy v. United States
| Citation | 278 F. 521 |
| Decision Date | 16 December 1921 |
| Docket Number | 2887. |
| Parties | HOLY v. UNITED STATES. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Fred Holy, for plaintiff in error.
John B. Boddie, of Chicago, Ill., for the United States.
Before BAKER, ALSCHULER, and EVANS, Circuit Judges.
Plaintiff in error was convicted of perjury in swearing in his application for a position in the civil service that he had never been indicted for or convicted of any crime, when in truth he had been indicted and convicted and had served a sentence for receiving stolen property.
At the trial the government introduced in evidence the record of plaintiff in error's conviction, his application to the civil service commission, and the testimony of the notary public, whose jurat and seal are upon the application:
A conviction of perjury may be based upon the testimony of a single witness supported by documentary evidence; and, if the defendant was sworn, the oath need not be in any particular form. United States v. Baer (C.C.) 6 F. 42; United States v. Mallard (D.C.) 40 F. 151, 5 L.R.A. 816; United States v. Hall (D.C.) 44 F. 864, 10 L.R.A. 324; Greene v. People, 182 Ill. 278, 55 N.E. 341.
On cross-examination the notary said that, 'if it had not been for my having my signature there, and my seal, I wouldn't have remembered anything about it. ' This, so far from destroying his testimony in chief, meant that the presence of his signature and seal on the document refreshed his memory.
Plaintiff in error's contentions that, because he and another testified that he was not sworn by the notary, therefore guilt was not proven beyond a reasonable doubt, and that, because the notary did not use the formula prescribed by an Illinois statute, there was merely an abortive attempt to administer an oath, arise from a misconception of Federal procedure. Applebaum v. United States (C.C.A.) 274 F. 43.
The judgment is affirmed.
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Com. v. Butler
...Delaware probation officer who testified that pursuant to that conviction she came and remained under supervision. See Holy v. United States, 278 F. 521 (7th Cit.1921), Commonwealth v. Robinson, 332 Pa.Super. 147, 151, 480 A.2d 1229, 1231 (1984), ("An uncorrorborated record of a criminal co......
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United States v. Flores-Rodriguez
...perjury for denying previous crimes can be sustained on the production of the record of a prior conviction without more. Holy v. United States, 7 Cir., 1921, 278 F. 521. So too can the falsity of the oath be established by an extra-judicial admission made prior to the making of the false st......
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United States v. Nessanbaum, 10940.
...perjury in denying previous convictions of crime was sustained solely on production of the record of a prior conviction. Holy v. United States, 7 Cir., 1921, 278 F. 521. In another case the conviction was sustained where the alleged perjurious statement was inferentially contradicted by a b......
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Allen v. United States
...to point out that the rule laid down in Applebaum v. United States (C. C. A.) 274 F. 43, and frequently followed by this court (Holy v. United States, 278 F. 521; Grossman v. United States, 282 F. 790, 793; Wolf v. U. S., 283 F. 885, 888; Talbot v. U. S., 286 F. 21; Inks. v. United States, ......