Dunlap

The defendant was indicted for perjury in making a false statement of her property to the county assessor of the county of San Luis Obispo. A demurrer to the indictment was sustained, and the people have appealed from the judgment entered thereon.

Without considering all the objections made to the sufficiency of the indictment, the failure to state therein that the defendant was sworn, or took an oath before any person authorized to administer the same, was a sufficient ground for sustaining the demurrer. The indictment states that the defendant appeared before Charles 0. King, the county assessor, and said King, as such assessor, “ then and there exacted and required of said Martha Dunlap a statement, under oath,” of the property owned by her on the first Monday in March, 1895; that thereupon before said King, who was then the county assessor and “had authority to administer such oath,” the said Martha Dunlap “did then and there willfully, corruptly, falsely, and feloniously testify, declare, depose, swear, and certify” (giving the facts to which she made oath, and negativing their truth). Although it is stated in the indictment that the defendant “ well knew that said statement…