Meza

An information accused respondent Eric Luis Meza of the crime of perjury, a felony. (Pen. Code, § 118.) The court below set the information aside. (Pen. Code, § 995.) The People appeal. (Pen. Code, § 1238, subd. (a)(1).) We reverse.

The principal question before us is whether a prospective juror, who has taken an oath that he will “well and truly” answer questions put to him concerning his qualifications as a juror, can commit perjury by concealing his kinship with the defendant. We hold that he can.

I.

On October 24, 1984 jury selection began in action No. CR 10625 in Monterey County Superior Court. In that action one Arthur Nestor Ramirez was accused of the crime of burglary, i.e., entry of a residence with the intent to commit an assault with a deadly weapon therein. (Pen. Code, § 459.) Respondent Meza, whose sister was married to the defendant Ramirez, was one of the prospective jurors.

Before voir dire commenced the court clerk administered an oath to all of the prospective jurors. By the terms of the oath the jurors promised to answer “well and truly” questions concerning their qualifications to act as trial jurors. The court explained that “voir dire is…