People v. Metzler

Criminal Law—Subornation of Perjury—Sufficiency of Information—Materiality of Testimony in Civil Action—Demurrer.— Where an information for the crime of subornation of perjury involving the issues in a civil action, expressly avers the materiality of the alleged suborned testimony to such issues, and sets forth facts showing such materiality, and the allegations of the information on that subject are as a whole, clear, concise, and consistent, the dedefendant’s demurrer to the information was properly disallowed.

Id.—Bule of Criminal Pleading in California.—It is a settled rule in this state that where an indictment or information expressly alleges the materiality of perjured testimony, such indictment or information is sufficient unless it affirmatively appear from the indictment or information as a whole that such testimony was immaterial.

Id.-—Suborned Witness Offered for Impeachment—Evidence Affecting Credibility.—The fact that the suborned witness was offered for the purpose of impeachment of a witness in the civil action, cannot affect the foundation of the charge made. Evidence affecting the credibility of a witness usually tends to strengthen the case of a party to an action, or to weaken the defense of his adversary, and therefore such evidence is material.

Id.—Conflicting Witnesses for Prosecution—Credibility a Question for Jury.—The fact that different witnesses for the prosecution gave irreconcilable evidence upon material matters, cannot affect the province of the jury tp determine the credibility of their conflicting statements, and their verdict of guilty as charged cannot be disturbed on that ground.

Id.—Suborned Witness an Accomplice With Defendant—Verdict Sufficiently Supported—Independent Evidence.—The fact that the suborned witness was an accomplice with the defendant, cannot affect the verdict of guilty based upon independent evidence sufficient to corroborate the accomplice, and to connect the defendant with the commission of the offense charged against him.

Id.—Requested Instructions — Error in Part — Instructions Embodied in Charge.—Requested instructions which are erroneous in part, may be rejected as a whole; and requested instructions which are substantially embodied in the charge of the court, need not be otherwise given because not stated in the exact language of the request.

Id.—Misconduct of District Attorney in Argument—Error not Assignable for First Time on Appeal.—Where portions of the argument of the district attorney, are objected to as misconduct for the first time on appeal, and the portions objected to appear to be fair deductions upon the whole case, and legitimate argument; yet if it were otherwise, in the absence of an objection coupled with a request that the trial court admonish the jury to disregard the alleged improper remarks, their possible effect upon the jury wRl not be considered for the first time upon appeal.