People v. Tillman

Crain, J.:

The defendant demurs to an indictment charging him with *402a violation of section 96 of the Penal Code (§ 1621, Penal Law). That section provides that “ A person who swears * * * that he will truly testify, * * * upon any inquiry, or on any occasion in which an oath * * * may lawfully be administered, and who on such * * * inquiry or other occasion, wilfully and knowingly testifies * * * falsely, in any material matter, or states in his testimony, * * * any material matter'to be true which he knows to be false, is guilty of perjury.”

The demurrer is upon the alleged grounds (1) That the…