People v. Roubus

Lucille Mae Roubus was charged with perjury. At the close of the prosecution’s case the court advised the jury to acquit her. (Pen. Code, § 1118.) Notwithstanding this advice, the jury returned a verdict of guilty. Defendant thereafter made a motion for a new trial on grounds (1) that, since there was no direct evidence of the falsity of her alleged perjured statement, the verdict was contrary to the law and the evidence and (2) that “because of the advised verdict, she did not put on her defense.” The motion was granted, and the People appeal. (Pen. Code, § 1238, subd. 3.)

At the trial in…