People v. Davis

The defendant, Lloyd R. Davis, a/k/a L.R. Davis, was indicted in the circuit court of Lake County with eight counts of perjury based on statements he made during a discovery deposition in a civil libel suit. On the defendant’s motion, the trial judge dismissed the indictment on the basis that the allegedly perjurious statements had not been before the trier of fact and, thus, were not material. The appellate court affirmed (No. 2 — 92—0593 (unpublished order under Supreme Court Rule 23)). We reverse.

The Criminal Code of 1961 defines perjury as follows:

"(a) A person commits perjury when, under…