People v. Curtis

By the Court, Crockett, J.:

The defendant was convicted of perjury, committed on . the examination by a committing magistrate, of one Wilson, on a charge of robbery. At the trial it did not appear whether the testimony of the defendant at the examination was reduced to writing, as requred by Section 869 of the Penal Code; and the prosecution offered to prove by oral evidence what facts the defendant swore to at the examination, and in respect to which the charge of perjury is preferred. The evidence was objected to on the ground that the statute required the testimony given by the defendant to…