Layman

People v. Layman

Good Law
117 Cal. App. 476·1931 Cal. App. LEXIS 532·4 P.2d 244
Court of Appeal of CaliforniaOctober 15, 1931Docket No. 2091.California1,381 words

Opinion

lead Opinion

Bishop, J.

We are of the opinion that appellant was properly found guilty of both perjury and subornation of perjury. Two depositions were taken in an action which had been brought, by appellant, against the Los Angeles Railway Co., for injuries alleged to have been inflicted upon him as he was pushing his stalled automobile away from the street-car tracks. In the first deposition, appellant himself testified as to the details of the accident. In the second, a Mrs. Miller testified, at appellant’s instigation, that she witnessed the accident. The evidence, in the case under review, warranted the jury’s conclusion that as a matter of fact Mrs. Miller had not seen the accident, both because she was in the state of Texas when it supposedly happened, and because it never happened, but was merely a child of appellant’s fancy.

To prove the falsity of appellant’s word picture of his mishap with a street-car at the time and place he described, the prosecution placed upon the witness-stand all the motormen and all the conductors who were operating cars on the line where the accident was supposed to' have taken place. None of the street-cars in charge of the motormen had been in an accident,…

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