Can an appellant be found in violation of section 25401 of the Criminal Code for making a statement that was not true?
California, United States of America
The following excerpt is from People v. Corey, 35 Cal.App.4th 717, 41 Cal.Rptr.2d 540 (Cal. App. 1995):
11 The trial court further instructed, as requested by the People, that if a later act of appellant made a former statement untrue, appellant could be found in violation of section 25401. This instruction was based on People v. Johnson, supra, 213 Cal.App.3d 1369, 262 Cal.Rptr. 366, which Simon expressly disapproves.
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