by John Marshall Harlan, Ingraham v. United States — Opinion of the Court
“ If he knew that the statement in that paper, described in the indictment, was fraudulent or fictitious, he was not the less guilty under the second count because of the fact, if such was the fact, that Remington had not been duly commissioned as a justice of the peace, and was not, for that reason, entitled to administer the oath certified by him. The essence of the offense charged in the second count was the use by the defendant of a document or writing known by him to contain a fraudulent or fictitious statement made to secure the payment or approval of his claim. ”
