People v. Jenkins

Opinion

BIRD, C. J.

This appeal presents the question whether an individual who fraudulently obtains aid to families with dependent children (AFDC) in violation of Welfare and Institutions Code section 11483 may also be prosecuted for perjury (Pen. Code, § 118).

I

On April 10, 1975, respondent Margie Jenkins went to the Sacramento County Welfare Department to request AFDC benefits for her daughter. (See Welf. & Inst. Code, § 11200 et seq.) She was given a lengthy document, a WR-2 form, which she was instructed to fill out in order to establish her child’s eligibility for the AFDC program.

On April…