Cohen

Defendant was convicted of perjury, alleged to have been committed in testifying falsely on the preliminary examination of one Louis Sternberg on a charge of false registration. lie appeals from the judgment and from an order denying him a new trial.

The cause was first submitted here in Department, but without briefs by either party, and upon an oral argument which did not enable the court to reach a conclusion. The case having been thereupon ordered to a hearing in Bank, briefs have since been filed, and a.more satisfactory presentation had of the questions involved.

The first point made by defendant is that the court erred in overruling his demurrer to the indictment. The demurrer was upon the ground, among others, that the indictment -did not conform to the requirements of sections 950, 951, and 952 of the Penal Code, that it was not direct or certain as to the offense *77 charged, and that tbe facts did not constitute a public ofíense— the particular objection made under the demurrer being that it did not appear from the indictment that the officer by whom the alleged false oath was administered had authority to administer the same.

The allegations of the indictment…