in a subornation of perjury case, the evidence was admitted on the issue of good faith and belief of the defendant
How later courts described this case
- in a subornation of perjury case, the evidence was admitted on the issue of good faith and belief of the defendant
- evidence admitted on issue of defendant’s good faith and belief in prosecution for subornation of perjury
- judge in prior proceeding called to testify at current peijury trial
- judge in prior proceeding called to testify at current perjury trial
Written by the judges who cited it.
The opinion
*176
Millard, J.
(dissenting)—The witness whom appellant is, charged to have suborned, changed her story; and her subsequent testimony, it is clear, is not and could not be the basis of the charge of subornation of perjury. Concededly,- she told the truth; therefore, it follows that appellant did not induce the witness to swear falsely. At most, there is only the inference that appellant endeavored—unsuccessfully, however—to persuade the witness to tell a story different from the true one she related. The judgment should be reversed with direction to dismiss the action.
Simpson, J., concurs with Millard, J.