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Gordon v. State

DAVID H. GORDON, IN ERROR v. THE STATE, IN ERROR

Gordon v. State, 7 A. 476 (N.J. 1886)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
June 15, 1886
Citations
7 A. 47648 N.J.L. 6111886 N.J. LEXIS 15
Headnotes
1. Upon the trial of an indictment for perjury it is competent to give in evidence the contents of the declaration in the suit in which the alleged perjury was committed, if it is proved that the declaration had been filed and could not, upon due search, be found. '2. Whether the testimony upon which the perjury was assigned was upon a subject material to the issue in the civil suit, was a question entirely for the court, and not at all for the jury.
Summary
Error to the Supreme Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The opinion of the court was delivered by The Chancellor.

The grounds upon which the plaintiff 'in error seeks to reverse the judgment in this case (an indictment for perjury,) are that the court in which the indictment was tried admitted illegal evidence of the -contents of the declaration in the suit in which the alleged perjury was committed, and that it erred in charging the jury that certain evidence was material to the issue in that suit. It was proved that the declaration had been filed and had been lost, and •could not, upon due search, be found. It was therefore proper to admit secondary evidence of its contents. Johnson v. Arnwine, 13 Vroom 451 . As to the charge: the court charged the jury that it was for the court to determine whether the evidence given by the defendant upon the trial of the civil action was material to the issue or not, and it also charged that the testimony upon which the peijury was assigned was upon a subject material to the issue in the civil suit. There •can be no doubt that the evidence was material. The action was for damages for the seduction, by the defendant, of the *612 plaintiff’s daughter, and the evidence in question was the testimony of the defendant that he had never had carnal intercourse with the daughter. • There was no error in the charge.' Whether the evidence was material or not was a question entirely for the court, and not at all for the jury. Bish. Cr. Pro., § 74; Power v. Prince, 16 Wend. 450; Stienman v. McWilliams, 6 Barr 170. The cases, Rex v. Dunston, Ry. & M. 109, and Commonwealth v. Pollard, 12 Metc. 225 , cited by Gordon’s counsel, are not to the contrary.

The judgment of the Supreme Court should be affirmed.

For affirmance — The Chancellor, Derue, Dixon, Knapp, Magie, Parker, Reed, Scudder, Yan Syckel, Cole, McGregor, Whitaker. 12.

For reversal—one.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 11 cases

View all citing references →
1895: 11909: 11918: 11950: 11976: 11978: 11979: 11989: 11992: 11998: 11999: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. State v. Anderson603 A.2d 928 (N.J. 1992)
  2. State v. Purnell735 A.2d 513 (N.J. 1999)
  3. State v. Whalen563 A.2d 457 (N.J. Super. Ct. App. Div. 1989)
  4. State v. Purnell708 A.2d 1196 (N.J. Super. Ct. App. Div. 1998)
  5. State v. Boratto404 A.2d 604 (N.J. 1979)
  6. State v. Caywood65 N.W. 385 (Iowa 1895)

Most recent

  1. State v. Purnell735 A.2d 513 (N.J. 1999)
  2. State v. Purnell708 A.2d 1196 (N.J. Super. Ct. App. Div. 1998)
  3. State v. Anderson603 A.2d 928 (N.J. 1992)
  4. State v. Whalen563 A.2d 457 (N.J. Super. Ct. App. Div. 1989)
  5. State v. Boratto404 A.2d 604 (N.J. 1979)
  6. State v. Molnar391 A.2d 1225 (N.J. Super. Ct. App. Div. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Power v. Price, 16 Wend. 450 (1836) 14

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