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State v. Hanly

Decided: January 18, 1955.

STATE OF NEW JERSEY, PLAINTIFF,
v.
PAUL HANLY, DEFENDANT



On indictment for false swearing. On motion to dismiss.

Drewen, J.c.c. (temporarily assigned).

Drewen

The Hudson County grand jury returned against this defendant an indictment purporting to charge him with the crime of false swearing under the provisions of N.J.S. 2 A:131-4. Defendant moves to dismiss on the grounds, among others, that (a) the indictment fails to set forth a criminal offense; and (b) that it is contrary to law and violates the defendant's constitutional rights. The statute aforementioned provides:

"Any person who willfully swears falsely in any judicial proceeding or before any person authorized by any law of this state to administer an oath and acting within his authority, is guilty of false swearing and punishable as for a misdemeanor."

The indictment is in two counts. That part of the first count which is pertinent to our problem charges that the defendant

"then and there did willfully swear falsely, in substance and effect that he, the said Paul Hanly had not entered into any arrangement with one Richard J. McGrath on behalf of John W. McGrath Corporation, a corporation, whereby he, the said Paul Hanly, would receive 50% of any profits which the said John W. McGrath Corporation might earn and obtain on operations conducted by the said John W. McGrath Corporation in the State of New Jersey, he, the said Paul Hanly, having been then and there asked, while under oath as aforesaid, concerning the same as follows:

'Q. Now, Mr. Hanly, were you to receive 50% of the profits of the McGrath (referring to John W. McGrath Corporation) operations in the State of New Jersey?'

did willfully swear falsely:

'A. No, sir.'

and upon being further asked concerning the same:

'Q. Was there any percentage agreed on between Richard McGrath and yourself (referring to said Paul Hanly) concerning his (referring to said Richard J. McGrath) statement that you would be taken care of?'

did willfully swear falsely:

'A. That was the only statement, the only agreement that was ever made.';

and upon being further asked concerning the same:

'Q. You then say there was no definite statement as to the percentage that you were to receive?'

did willfully swear falsely:

'A. No, sir.';

And so the Grand Jurors as aforesaid, upon their oaths aforesaid, do present that on the date, place and in the jurisdiction set forth herein, and in the manner and form aforesaid, the said Paul Hanly did willfully swear falsely, contrary to the provisions of N.J.S. 2 A:131-4, ...


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