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ARTICLE LX.

PAWNBROKERS AND JUNK DEALERS.

1575.

Pawnbroking Without License. 1576. Refusing to Exhibit Stolen Goods. 1577. Selling Pledge Before Default.

1578. Parties Liable.
1579. Penalty.

1575. Pawnbroking Without License-Any person who carries on the business of a pawnbroker, by receiving goods in pledge for loans at any rate of interest above that allowed by law except by authority of a license from a municipal corporation empowered to grant licenses to pawnbrokers, is guilty of a misdemeanor. (2512 R. L. 1910)

1576. Refusing to Exhibit Stolen Goods-Any pawnbroker or person carrying on the business of a pawnbroker, and any junk dealer, who having received any goods which have been embezzled or stolen, refuses or omits to exhibit them, upon demand, during the usual business hours to the owner of said goods or his agent authorized to demand an inspection thereof, or any peace officer, is guilty of a felony. (2513 R. L. 1910)

1577. Selling Pledge Before Default-Any pawnbroker who sells any article received by him in pledge, before the time to redeem the same has expired, and every pawnbroker who wilfully refuses to disclose the name of the purchaser and the price received by him for any article received by him in pledge and subsequently sold, is guilty of a misdemeanor. (2514 R. L. 1910)

1578. Parties Liable-All persons, firms, or corporations, who carry on the business of buying brass, copper, iron, rubber and leather belting, plumbing or electric fixtures, burlap or bags of any material, tools, machinery or supplies commonly used in the drilling, completing, operating or repairing oil or gas wells, commonly known as "junk dealers”, shall keep a record in a book for the purpose, to be kept in their places of business and open to the inspection of the public, showing the date of each purchase of such property, the name and address of the seller, the items of property purchased and the price paid to such seller for each item of

property; and all persons, firms and corporations carrying on such business shall keep all such property purchased upon display, and in plain sight, in their places of business, for at least fifteen days after purchasing such property, and keep such property open to inspection of the public during said time, before disposing of same; provided, however, this act shall not apply to persons, firms or corporations carrying on a retail or wholesale business of buying new property of the character aforesaid or to persons buying new property of the kind mentioned at retail or wholesale; provided, further, that it shall be unlawful for any junk dealer, as defined in this act, to purchase articles mentioned herein from minors without having first obtained the consent in writing of the parents or guardian of such minor. (S. L. 1917, 240)

1579. Penalty-Any firm or corporation failing or refusing to comply with the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than fifty dollars ($50), nor more than two hundred dollars ($200), or by imprisonment for a period of not more than thirty days, or by both such fine and imprisonment. (S. L. 1917, 240)

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1580. Perjury Defined-Any person who, having taken an oath that he will testify, declare, depose or certify truly before any competent tribunal, officer, or person, in any of the cases in which such an oath may by law be administered, wilfully and contrary to such oath, states any material matter which he knows to be false, is guilty of perjury. 1910)

Evidence of perjury in court, see section 209.

Information, see section 399.

(2211 R. L.

Perjury may be assigned upon an affidavit, made to be used in judicial proceedings, where the statements therein might influence the tribunal, or where it may work injury to the party against whom it is directed, or where it is pertinent to the issue, or where it tends to give credit to a witness, or where the tribunal has a right to rely on it in giving the question consideration. Mayers v. U. S., 5 Okla. 173.

Proof that witness was sworn by the court or in court by some person having right to administer an oath, is sufficient; but if the charge alleges that witness was sworn by a certain person such allegation must be supported by evidence. Cutler v. Terr, 8 Okla. 101.

One charged under this section may be convicted under section 1587. Rose v. State, 8 Okla. Cr. 294, 127 P. 873.

Officers should vigorously prosecute perjury.

Okla. Cr. 563, 14 P. 1112.

Mitchell v. State, 7

A wilful suppression of the truth is perjury. Ostendorf v. State, 8 Okla. Cr. 363, 128 P. 143.

Suppression of part of the truth is perjury of the most dangerous character. Flowers v. State, 13 Okla. Cr. 221, 163 P. 558.

Perjury may be established by circumstantial evidence. Metcalf, 8 Okla. Cr. 605, 129 P. 675.

Ex parte

Not necessary that false testimony be material to the main issue. Ex parte Metcalf, 8 Okla. Cr. 605, 129 P. 675.

When materiality of false testimony is not apparent from facts pleaded, it becomes necessary for state to prove same. Stanley v. U. S., 1 Okla. 337.

When witness gives no evidence in chief material to the issue, perjury cannot be based on testimony on cross-examination touching his credibility. Id.

Proof of the substance of false testimony given is sufficient. Meierholtz v. Terr., 14 Okla. 359.

State must show that the testimony was false, and that it was material to the issue on trial. Pate v. State, 10 Okla. Cr. 100, 133 P. 1132.

Ordinarily, the state cannot prove that conviction was had in the case in which the false testimony was given, but if such testimony is admitted it only goes to the fact that such testimony was given in a judicial proceeding,-not to the falsity of the testimony. See information. Gray. v. State, 4 Okla. Cr. 292.

Trial court may retire the jury and commit witness for perjury. Nicholson v. State, 13 Okla. Cr. 123, 162 P. 447.

Transcript of the testimony of accused is admissible where it shows answers to be complete, but not, when by interruption or otherwise of the answers of the accused, his testimony is incomplete. Tague v. State, 13 Okla. Cr. 270, 163 P. 954.

The wife is a competent witness against the husband for making false affidavit for service of summons in a divorce case. West v. State, 13 Okla. Cr. 312, 164 P. 327.

To constitute perjury, the false swearing must be wilful and corrupt Rash statements of what the witness believes to be true does not constitute perjury. Pilgrim v. State, 3 Okla. Cr. 50, 104 P. 383.

Cannot be assigned upon an affidavit to secure change of judge. Ex parte George, 3 Okla. Cr. 221, 105 P. 184.

Nor for false testimony given in a court which has no jurisdiction. Morford v. Terr., 10 Okla. 741; Berry v, State, 10 Okla. Cr. 308, 136 P. 195.

When charged that false testimony was given in a judicial proceeding, and the evidence shows that it was by affidavit for continnance, the variance is fatal. McFarland v. State, 12 Okla. Cr. 201, 153 P. 619. False testimony must be material to some issue in controversy. Huffine v. State, 13 Okla. Cr. 239. 163 P. 557.

1581. Oath Defined-The term "oath" as used in the last section includes an affirmation, and every other mode of attesting the truth of that which is stated, which is authorized by law. (2212 R. L. 1910)

1582. Oath of Office-So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the previous sections. (2213 R. L. 1910)

1583. Irregularities no Defense-It is no defense to a proscution for perjury that the oath was administered or taken in an irregular manner. (2214 R. L. 1910)

1584. Incompetency no Defense It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he actually was required to give such testimony or made such deposition or certificate. (2215 R. L. 1910)

1585. Knowledge of Materiality of Testimony-It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or that it did not in fact affect the proceeding in or for which it was made. It is sufficient that it was material, and might have been used to affect such proceeding. (2216 R. L. 1910)

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The degree of the materiality of the false testimony is immaterial. Materiality might become one of both law and fact. Coleman v. State, 6 Okla. Cr. 252, 118 P. 594; Miller v. State, 9 Okla. Cr. 196, 131 P. 181. 1586. Making Deposition or Certificate-The making of a deposition or certificate is deemed to be complete, within the provisions of this article, from the time when it is delivered by the accused to any other person with the intent that it be uttered or published as true. (2217 R. L. 1910)

1587. False Statement-An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false. (2218 R. L. 1910)

This section is no part of the definition of perjury, and does not create a separate offense or establish a rule of pleading. It should be read in connection with section 1580. Rose v. State, 8 Okla. Cr. 294, 127 P. 873.

1588. Punishment for Perjury-Perjury is punishable by imprisonment in the penitentiary as follows:

First: When committed on the trial of an indictment for felony, by imprisonment not less than ten years nor more than twenty years.

Second: When committed on any other trial or proceeding in a court of justice, by imprisonment for not less than five nor more than ten years.

Third: In all other cases by imprisonment not more than five years. (2219 R. L. 1910)

Perjury before grand jury should be punished under 3rd clause of this section. Coleman v. State, 6 Okla. Cr. 252, 118 P. 594.

1589. Summary Committal of Witness-Whenever it appears probable in any court of record that any person who has testified in any action or proceeding in such court has

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