People v. Dunlap

Citations

• 113 Cal. 72
• 45 P. 183
• 1896 Cal. LEXIS 746

Syllabus

<p>Criminal Law—Perjury—Indictment—Swearing of Defendant—Positive Averment Required.—An. indictment for perjury which contains no positive averment that the defendant was sworn, and that the person who administered the oath had authority therefor, is insufficient; and it is not enough that that fact may be supplied by intendment, or implication, or be stated argumentatively, or by way of recital or inference from the language of the indictment.</p>