People v. De Carlo

The appellant was convicted of perjury, and after the verdict moved for a new trial, which was denied, and then moved in arrest of judgment upon the ground that the facts stated in the information do not constitute a public offense. This motion having been denied, judgment was pronounced against him, from which he has appealed.

The information against the defendant is as follows: “Walter De Carlo is accused by the district attorney of Yolo county, by this information, of the crime of perjury, committed as follows, to wit: That the said Walter De Carlo, on or about the fifteenth day of July, 1897, at Woodland, in the county of Yolo, state of California, then and there being, did, having taken an oath then and there by and before the Honorable A. C. Ruggles, a justice of the peace in and for Woodland township, Yolo county, state of California, duly elected, qualified, and acting, and being entitled under the laws of the state of California to administer oaths in such matters and proceedings, that he would then and there testify truly before said justice of the peace, willfully, unlawfully, and feloniously, and contrary to such oath, state as true (setting forth the testimony given…