McAllister

People v. McAllister

Good Law
1929 Cal. App. LEXIS 385·99 Cal. App. 37·277 P. 1082
Court of Appeal of CaliforniaMay 17, 1929Docket No. 1784.California2,347 words

Opinion

Lead Opinion

Craig, J.

This is an appeal by the People from a judgment of the Superior Court, dismissing the action after an order sustaining a demurrer to an amended information. The information contained five counts. The first two counts charged the defendant with offenses of offering and giving bribes to persons who were about to be called as witnesses in the case of McAllister v. Lightburn et al., then and there about to be filed in the Superior Court of the State of California, in Los Angeles County, upon the understanding and agreement that the testimony of said witnesses in said case should be influenced thereby. Counts three, four and five are of the same import, and charge the defendant with an attempt hy certain means to fraudulently induce the giving of false and withholding of true testimony by having prepared false evidence in writing for the signature of said wit nesses, with intent to produce the same as true and genuine, and to contradict the testimony of another person to be given in an action about to be filed.

A motion to set aside the information, and a demurrer which occupies thirty-eight pages of the transcript, were interposed. The demurrer attempts to present points which could…

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