People v. Turner

Citations

• 122 Cal. 679
• 55 P. 685
• 1898 Cal. LEXIS 659

Syllabus

<p>Criminal Law—Perjury—Indictment—“ Willfully False” Swearing. An indictment charging the defendant with false swearing contrary to his oath, knowing the same to be false, but not stating in the charging part of the indictment that he “willfully and contrary to such oath, stated as true a material matter which he knew to be false,” is fatally defective.</p> <p>Id.—Conclusion of Indictment.—A statement in the concluding part of the indictment, “whereby he, the said” defendant, “did then and there, as aforesaid, willfully, corruptly, contrary to his oath, and knowing his testimony to be false, swear falsely and feloniously, commit willful perjury,” is but a mere conclusion of law, and does not avail to cure the defect in the charging part of the indictment.</p>