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People v. Teal

Supreme Court of New York, Appellate Division

June 18, 1909

PEOPLE
v.
TEAL.

Appeal from Court of General Sessions, New York County.

Margaret Teal was convicted of the crime of attempted subornation of perjury, and she appeals. Affirmed.

See, also, 60 Misc. 517, 113 N.Y.Supp. 925.

Robert J. Haire, for appellant.

Robert C. Taylor, for the People.

Argued before INGRAHAM, LAUGHLIN, HOUGHTON, McLAUGHLIN, and SCOTT, JJ.

LAUGHLIN, J.

The trial and conviction were on an indictment for " the crime of an attempt to commit the crime of subornation of perjury."

" Subornation of perjury" is defined in section 105 of the Penal Code, as follows:

" A person who willfully procures or induces another to commit perjury, is guilty of subornation of perjury."

Section 34 of the Penal Code defines an " attempt" to commit a crime as follows:

" An act done with intent to commit a crime, and tending but failing to effect its commission, is an attempt to commit that crime."

And section 686 of the Penal Code provides that " a person who unsuccessfully attempts to commit a crime is indictable and punishable, unless otherwise specially prescribed by statute," as therein provided, which is, in substance, where the crime attempted to be committed is punishable by imprisonment for a period less than life, as is the crime of subornation of perjury (Pen. Code, § 106) by imprisonment for not more than half the longest term or by a fine of not more than half the largest sum which might be imposed on a conviction of the crime which the defendant is charged with having attempted to commit.

The crime of " perjury" is defined in section 96 of the Penal Code, as follows:

" A person who swears or affirms that he will truly testify, declare, depose or certify, or that any testimony, declaration, deposition, certificate, affidavit [117 N.Y.S. 744] or other writing by him subscribed, is true, in an action, or a special proceeding, or upon any hearing, or inquiry, or on any occasion in which an oath is required by law, or is necessary for the prosecution or defense of a private right, or for the ends of public justice, or may lawfully be administered, and who in such action or proceeding, or on such hearing, inquiry or other occasion, willfully and knowingly testifies, declares, deposes, or certifies falsely, in any material ...

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