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The procuring another to commit legal perjury, who in consequence of the persuasion takes the oath to which be has been incited. To complete the offence, the false oath must be actually taken, and no abortive attempt to solicit will complete the crime.
But the criminal solicitation to commit perjury, though unsuccessful, is a misdemeanor at common law.
The act of congress of March 3, 1825, provides, that if any person shall knowingly or wilfully procure any such perjury, mentioned in the act, to be committed, every such person so offending, shall be guilty of subornation of perjury, and shall, on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labor, not exceeding five years, according to the aggravation of the offence.