31 P.2d 216 | Cal. Ct. App. | 1934
Defendant was charged in an information containing two counts with the crimes of *325 perjury and forgery, respectively. From judgments of conviction entered on verdicts of guilty as to each count defendant has appealed.
After allegations sufficiently showing that the alleged false statements were made in a trial before a competent tribunal and under oath, the information charges "that the said Vivian H. Carnicle, being so sworn to testify truthfully, she, the said Vivian H. Carnicle, did then and there in said trial, action and proceeding, wilfully, knowingly, corruptly, falsely and contrary to said oath swear, take oath, say and give in evidence among other things answers to the questions then and there propounded to her as a witness in substance as follows, towit . . ." The information then sets out a partial transcript of the testimony given by defendant at said former trial, continuing: "That the said false testimony, statements and things sworn to and given in evidence as aforesaid . . . was and were then and there material to the issues tendered in said cause then pending and on trial. That in truth and in fact as she, the said Vivian H. Carnicle, then and there well knew, the said testimony, statements and things so given and sworn to by the said Vivian H. Carnicle, as hereinbefore set forth, were then and there false, untrue and material to the matters then and there on trial . . ."
[1] Appellant urges that the information is fatally defective in that nowhere in it is there an averment which negatives the truth of the alleged false swearing by stating facts by way of antithesis. An indictment using substantially the same language in its assignment of perjury as the information here was questioned in the same way in the case of People v. Rodley,
The evidence shows that the issues were clear-cut on particular testimony, and that appellant was well informed as to what she was called upon to answer. The matter charged as false in the instant case consists of particular rather than general statements, and there could be no uncertainty except for the inclusion in the information of some questions and answers apparently not connected with the statements upon which the issue of falsity was based. As the court in the case of People v.Rodley, supra, said of the defendant there we say here, necessary changes being made to fit the present case: "He cannot, under our system, lie by until he shall see the result of a trial of his case on its merits and then be permitted to take advantage of a mere uncertainty in the" information on the appeal.
[2] Four character witnesses produced by the defendant were permitted by the court, over defendant's objection, to be asked by the prosecuting attorney if they had ever heard of the charge that defendant had made a false affidavit herself and caused others to make false affidavits charging Referee Douglas Campbell of the Industrial Accident Commission with accepting a bribe, after he had decided a case against her. Appellant admits that under the authorities (People v. Sieber,
On the record before us we fail to see any error on the part of the court or misconduct on the part of the district attorney. Even if it were a debatable question as to whether the district attorney was acting in good faith in *328 the instance above mentioned, we fail to see how, under the instructions given in regard thereto, any prejudice could have resulted to appellant.
Judgments affirmed.
Stephens, P.J., and Craig, J., concurred.
A petition by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on April 9, 1934.