People v. De Carlo

Citations

• 124 Cal. 462
• 57 P. 383
• 1899 Cal. LEXIS 1018

Syllabus

<p>Criminal Law—Perjury—Sufficiency of Information—Jurisdiction— General Statement.—Under section 966 of the Penal Cede, an information for perjury need only contain a general statement of the jurisdiction of the court over the action in which the perjury was committed, and need not set forth the facts by virtue of which the jurisdiction exists.</p> <p>Id.—Jurisdiction of Justice of the Peace—Authority to Administer Oaths — Venue. — An information showing that the testimony . was given under oath before a justice of the peace having authority to administer oaths, in a specified township in the comity of the venue, in a criminal case then pending before him upon a complaint charging' the defendant with petit larceny, sufficiently shows the jurisdiction of the justice, and need not specifically aver that the larceny was committed within the county.</p> <p>Id.—Question of Fact.—Whether the justice had authority to administer the oath in the criminal case then pending before him, upon a charge of larceny committed Within the county, is matter of fact to be established by the people at the trial.</p> <p>Id.—Case Qualified—Obiter Dictum.—People v. Howland (incorrectly reported as Peo})le v. Howard), 111 Gal. (155, qualified, and declared to be obiter dictum, in so far as intimating that an information for perjury must set forth facts conferring jurisdiction.</p> <p>Id.—Averment of Materiality—Proof.—The averment in the information that the false testimony given by the defendant in the criminal cause pending before the justice of the peace was “material to the issues tendered in said cause,” is sufficient, without specifying any particular issue upon which it was material, or showing how the false testimony was material. It . need only be proved at the trial that the evidence given by the defendant was in fact material in determining the issue before the justice’s court.</p> <p>Id.—Evidence—Certificate of Election of Justice—Presumption— Validity of Election not Questionab