Teixeira

Defendant was convicted of perjury and he appeals from the judgment, the order denying his motion for a new trial and his motion in arrest of judgment. The charging part of the information, under which the conviction was had, is as follows:

It is conceded that the authority for the prosecution is found in section 118a of the Penal Code providing as follows:

With the preceding, manifestly, must be considered section 124 as follows: “The making of a deposition, affidavit or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true.”

Appellant claims that the information is fatally defective in four particulars as follows: “1. There is no allegation that the false affidavit was ever produced or used in court or that the defendant authorized its use or delivered it to anyone to be used. 2. There is no allegation in the Information that the defendant first took oath to testify or depose truly. 3. It does not appear by said Information that the Superior Court had any jurisdiction of the case of People v. Vitro. 4. There is no allegation in…