Naylor

People v. Naylor

Good Law
1890 Cal. LEXIS 610·82 Cal. 607·23 P. 116
Supreme Court of CaliforniaJanuary 29, 1890No. 20569California866 words

Opinion

Lead Opinion

Foote, J.

The defendant was accused by an information of perjury. A demurrer was interposed on the ground that the information did not substantially conform to sections 950, 951, and 952 of the Penal Code; that it did not state facts sufficient to constitute a public offense. The demurrer was sustained, and from the judgment rendered the people appeal.

The sections of the code, with which it is alleged the information does not comply, contain a few plain rules tending to simplify the method of charging offenses by information or indictment. The information in question, taking it in its entirety, seems to charge that the defendant has committed perjury by corruptly and collusively (through an agreement with a certain creditor named Foss) omitting such creditor from the inventory which the law required him to make as a part of his assignment as an insolvent, under title 3, part 2, division 4, of the Civil Code, which inventory was filed in the proper public office, and sworn to by affidavit in due form before the proper officer, which was attached to the inventory and filed with it, and which affidavit was false, in that the defendant swore in it that his inventory was *609 “just and true,”…

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