State v. Eaid

Citations

• 55 Wash. 302
• 104 P. 275
• 1909 Wash. LEXIS 750

Syllabus

<p>Perjury — Indictment—Sufficiency. Under Bal. Code, § 7185, making it perjury for any one to wilfully, and contrary to his oath taken in cause, state as true material matter which he knows to be false, and Id., § 7191, providing that “an unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false,” the common law and statutory crimes are substantially the same, and an information good at common law is good under the statute.</p> <p>Same. An information charging perjury is sufficient where it clearly sets forth in ordinary language, without repetition, the substance of tbe controversy in wbicb the oatb was taken, tbe taking of tbe oatb, tbe authority of tbe court, and proper allegations as to tbe falsity of tbe matter.</p> <p>Same — Duplicity — Criminal Law — Trial—Election Between Counts. An information for perjury may embrace in a single count all tbe particulars in wbicb the defendant is alleged to have sworn falsely, and it is not error to refuse to require tbe prosecution to make an election, upon a charge tbat tbe accused testified falsely tbat be did not know of the prior execution of a contract and did not know tbat T. was tbe owner of certain property.</p> <p>Witnesses — Impeachment—Prejudice or Interest — Perjury. On a trial for perjury committed in a civil action, tbe accused has a right to show that the principal witnesses against him are interested in the civil action, which was still pending for trial, and would profit by his conviction under Bal. Code, § 5992, rendering a person convicted of perjury incompetent to testify therein.</p>