People v. John
California Supreme Court
APPEAL from a judgment of the Superior Court of Santa Clara County and from an order denying a new trial and from an order denying a motion in arrest of judgment. W. G. Lorigan, Judge. The facts are stated in the opinion of the court. George A. Whitehurst, George F. Carroll, and Louis F. Boardman, for Appellant.
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APPEAL from a judgment of the Superior Court of Santa Clara County and from an order denying a new trial and from an order denying a motion in arrest of judgment. W. G. Lorigan, Judge. The facts are stated in the opinion of the court. George A. Whitehurst, George F. Carroll, and Louis F. Boardman, for Appellant. Tirey L. Ford, Attorney-General, A. A. Moore, Jr., Deputy Attorney-General, James H. Campbell, District Attorney, and A. H. Jarman, Deputy District Attorney, for Respondent.
1Opinion of the Court
'TEMPLE, J.—The
The defendant was convicted of perjury in swearing to a complaint before a magistrate, charging one Lai Ha with grand larceny. It is contended that the information fails to charge the defendant with the crime, because it is not stated that the affidavit was delivered to any one to be uttered, nor that it was filed or used by the magistrate, or that it affected the proceedings in any way.
Counsel is clearly in error. Section 124 of the Penal Code has no application to the ease. When defendant subscribed the affidavit and took the oath, he inaugurated a prosecution. As it charged…
2Cases cited4 opinions
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