People v. Post

Opinion

TURNER, P. J.

I. Introduction

In the decision of In re Michael (1945) 326 U.S. 224, 227 [66 S.Ct. 78, 80, 90 L.Ed. 30], Associate Justice Hugo Black wrote: “All perjured relevant testimony is at war with justice . . . .” California has virtually surrendered in this war when it comes to perjury during depositions. As will be noted, we conclude that unless a deposition transcript in a workers’ compensation matter is executed by the deponent, the crime of perjury cannot be committed. In reaching this conclusion which is clearly at odds with the public interest, we urge our Legislature to…