People v. Turner
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. Carroll Cook, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
Defendant, convicted of perjury, appeals from the judgment and from the order denying him a new trial. Of the propositions which he advances in support of his appeal but one need be considered, since it is determinative of the question.
The indictment is fatally defective. It charged that the defendant did “falsely, feloniously, contrary to his said oath, and knowing the same to be false, swear, take oath, say and give in evidence, among other things, in substance as follows.”
By our Penal Code “every person who, having taken an oath that he will testify, declare, depose, or certify truly…
2Cases cited5 opinions
- State v. DaySupreme Court of Missouri · 1889
- Commonwealth v. TaylorCourt of Appeals of Kentucky · 1895
- Green v. StateSupreme Court of Alabama · 1868
- State v. PerryTexas Supreme Court · 1874
- State v. DelueWisconsin Supreme Court · 1849
3Cited by3 opinions
- People v. AgnewCalifornia Court of Appeal · 1947
- El Pueblo de Puerto Rico v. BermúdezSupreme Court of Puerto Rico · 1954
- People v. BermúdezSupreme Court of Puerto Rico · 1954