People v. Ross

Citations

• 103 Cal. 425
• 37 P. 379
• 1894 Cal. LEXIS 795

Syllabus

<p>Criminal Law—Subornation of Perjury—Information.—An information seeking to charge a defendant with subornation of perjury must state all the essential elements constituting the crime of perjury, and an information falling short of this requirement does not state a public offense.</p> <p>Id.—Materiality of Issue.—It is necessary in such information not only to show that the issue upon which the false testimony was given was material, but also to show that the evidence of the suborned witness was material to that issue, either by direct averment, or by stating evidence given by the witness, which the court can judicially see was material.</p> <p>Id.—Oath Must Be Willfully False—Knowledge of Suborner.—An information for subornation of perjury merely charging that the witness did falsely and contrary to her oath give certain alleged false testimony, but not alleging that the witness willfully or knowingly swore to what was false, does not charge perjury; and it is essential that the indictment should not only aver that the statements made by the witness were false in fact, and that he knew them to be false, but should also aver that the party procuring him to make those statements knew that they would be intentionally and willfully false on the part of the witness.</p> <p>Id.—Substantial Defects in Information—Waiver—Arrest of Judgment.—Substantial defects in an information are not waived by failure to demur, and are ground for a motion in arrest of judgment.</p>