People v. Griffini
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
MASTERSON, J.
A person who makes a material and knowingly false statement in an affidavit is guilty of perjury only if he delivers the affidavit to another person with the intent that it be uttered or published as true. (Pen. Code, §§ 118, 118a, 124.) This case presents the question of whether a declaration (see Code Civ. Proc., § 2015.5) should be treated in the same manner as an affidavit in a perjury prosecution. We conclude that, like an affidavit, a declaration must be delivered to someone with the intent that it be uttered or published as true. The mere making of a declaration is…
2Cases cited19 opinions
- People v. BeemanCalifornia Supreme Court · 1984
- People ex rel. Lungren v. Superior CourtCalifornia Supreme Court · 1996
- Murgia v. Municipal CourtCalifornia Supreme Court · 1975
- People v. MyersCalifornia Supreme Court · 1993
- Common Wealth Insurance Systems, Inc. v. KerstenCalifornia Court of Appeal · 1974
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3Cited by8 opinions
- People v. BryantCalifornia Court of Appeal · 2011
- Donnellan v. City of NovatoCalifornia Court of Appeal · 2001
- People v. Joseph, California Court of Appeal, 5th District2019
- Collins v. Superior CourtCalifornia Court of Appeal · 2001
- Morgan v. RobinsonDistrict Court, C.D. California · 2001
3 more not listed; retrieve them via the Exa API.