Judgment reversed on the law and a new trial ordered.
While counts 1 to 6 were not submitted to the jury, the court permitted the jury to consider the evidence adduced thereunder on the question of defendant's motive and intent in making the statements upon which counts 9 to 12 were based. In our opinion, that was error. (People v. Grout, 174 App. Div. 608, 638, 639, appeal dismissed 222 N.Y. 521.) To constitute perjury it is not necessary to establish any...
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