People v. Wells

Citations

• 103 Cal. 631
• 37 P. 529
• 1894 Cal. LEXIS 836

Syllabus

<p>Criminal Law—Perjury—Evidence—Construction of Code—Proof of Falsity. —Section 1968 of the Code of Civil Procedure, which provides that perjury must be proven by the testimony of two witnesses, or one witness and corroborating circumstances, clearly means that the falsity of the accused’s statements must be shown to the jury by the positive testimony of two witnesses, or of one witness and circumstances corroborating the statement of such witness, in order that the defendant may be legally convicted of the crime of perjury.</p> <p>Id.—Testimony Upon Charge of Larceny—Insufficient Proof of Falsity.—Upon the trial of a defendant for the crime of perjury, where it appears that the alleged false testimony was given upon the trial of a defendant charged with stealing a cow, and consisted of a statement by the witness that he met the cow upon the highway going towards defendant’s barn, but the requisite positive testimony of one witness that such meeting did not take place is lacking, the proof is insufficient to prove the perjury.</p>