State v. Floto

Fowler. J., delivered the opinion of the Court. The traverser was indicted for perjury in the Circuit Court for Garrett County. He demurred to the indictment, which co ntained but one count; and the only question, therefore, presented by this appeal is the sufficiency of the indictment. ⁶⁰¹ We are all of opinion that the demurrer should have been overruled.

As was said in State v. Bixler, 62 Md. 358 , perjury is an infamous crime, and therefore, any person convicted thereof will not only be disfranchised (Art. 1 sec. 2, Constitution of Md.), unless pardoned by the Governor, but under the provisions of our Code (Art. 27, sec. 228), will be punished by confinement in the jail or penitentiary for not more than ten years, Art. 27, sec. 228, as amended by Act of 1894, ch. 262. We have thus commented, on the gravity and turpitude of this crime because of the circumstances of this case. The traverser, for the purpose of procuring a marriage license for the marriage of his niece and one Ray Young, made application for a license to the Clerk of the Circuit Court for Garrett County, and repre-' sented himself to be said Young, and falsely made affidavit to four of the six matters which must be sworn to before the license can be obtained. Section 5, Article 62 of the Code, title, “Marriage,” provides that the Clerk of any Court authorized to issue a marriage license, “shall examine on oath the person making application for the same, to ascertain, first, the full names of the. parties ; second, their places of residence; third, their ages ; fourth, their color; fifth, whether married or single; sixth, whether related or not, and if so, in what degree of relationship.” And by section 226 of Article 27, “Crimes and Punishments,” it is provided that an oath or affirmation, if made wilfully and falsely, and if such affidavit be required by law to be taken, shall be deemed perjury.

This indictment charges that the traverser, wishing and intending to procure a marriage license from the Clerk of the Circuit Court for Garrett County, wilfully and falsely made oath and took an affidavit, as required by law, and. sets forth that the facts so sworn