People v. Carnicle

2 Citing cases

  1. People v. Pustau

    39 Cal.App.2d 407 (Cal. Ct. App. 1940)   Cited 19 times
    In People v. Pustau, 39 Cal.App.2d 407 [ 103 P.2d 224], defendant testified falsely before the grand jury that he and another person had never discussed the transfer of a drainage district.

    Where, as here, the indictment sets out that the defendant under oath knowingly gave certain false testimony; that the testimony so given was material, and then sets forth in detail such testimony, and points out wherein it was false and untrue, the indictment is sufficient, because such allegations advise the defendant of the charge against him in such a manner as to enable him to properly prepare a defense thereto. (Pen. Code, sec. 950; People v. Carnicle, 137 Cal.App. 324, 325 [ 31 P.2d 216]; People v. Low Ying, 20 Cal.App. (2d) 39, 41, 42 [ 66 P.2d 211].) [3] The test of materiality is met when it can be said that the testimony could have properly influenced the tribunal before which the case was being heard, upon the issues involved.

  2. State v. Martinez

    404 P.2d 573 (Idaho 1965)   Cited 3 times

    That this defendant was not prejudiced by the form of the information is manifest since he did not, before pleading guilty, challenge it in any respect. This is itself would constitute a waiver of a challenge to the sufficiency of the charge which appellant now raises for the first time on appeal. He at no time has raised a question of jurisdiction. State v. Goodmiller, 86 Idaho 233, 386 P.2d 365; State v. Sedam, 62 Idaho 26, 107 P.2d 1065; Application of Martin, 76 Idaho 179, 279 P.2d 873, 53 A.L.R.2d 582; State v. Neil, 58 Idaho 359, 74 P.2d 586; People v. Carnicle (1934), 137 Cal.App. 324, 31 P.2d 216; In Re Dawson, 20 Idaho 178, 117 P. 696, 35 L.R.A., N.S., 1146; People v. Barry (1957), 153 Cal.App.2d 193, 314 P.2d 531; I.C. ยงยง 19-1703, subsec. 4, 19-1711 and 19-2408.