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People v. Darcy

California Courts of Appeal
139 P.2d 118 (1943)


Samuel Darcy (defendant) was a naturalized American citizen who was born in the Ukraine, Russia and whose birth name was Srool Adam Dardeck. Darcy had in the past used both the name Samuel Adam Dardeck and the name Samuel Adam Darcy, and alternated between listing Russia and New York as his place of birth. When Darcy submitted an affidavit of registration as an elector, the first step in becoming a registered voter, he listed his name as “Sam Darcy” and his birthplace as New York. He was indicted, tried, and convicted of perjury for this statement. Darcy appealed, alleging that the facts of his actual name and birthplace were not material matters to his registration as an elector and therefore could not support a perjury conviction.

Rule of Law


Holding and Reasoning (Ward, J.)

Dissent (Peters, J.)

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