Perjury

Perjury at common law is the willful and corrupt taking of a false oath in a judicial proceeding in regard to a matter material to the issues.

1 Hawk, P. C. c. 69, § 1; 4 Bl. Comm. 153.

It is extended by statute in most jurisdictions to false swearing in certain proceedings not judicial. To constitute the offense, (1) the testimony must be false, or believed to be false, or the witness must not know whether it be true or false (42 Vt. 152; 17 N. H. 373); (2) the taking of the false oath must be both willful and corrupt; (3) the matter sworn to must be material to the issue or question in controversy (12 Mass. 273; 54 Vt. 146); (4) some form of oath or its equivalent must have been duly administered by an authorized officer (86 N. Y. 154; 107 U. S. 671; 76 N. Y. 220); (5) the oath itself, as well as the facts sworn to, must have been material (45 Mich. 543; 17 Ohio, 365); (6) to constitute perjury in a judicial proceeding, the court or tribunal must have jurisdiction (49 Me. 412; 8 Pick. [Mass.] 453; 96 Ky. 407).