What is the test for making a false affidavit?

California, United States of America


The following excerpt is from Collins v. The Sup. Court of Ventura County, 108 Cal.Rptr.2d 123 (Cal. App. 2001):

"Before a party may be convicted of perjury in making a false affidavit, he must either use the affidavit for a purpose contemplated by section 118 of the Penal Code, or deliver it to some one for such use. This principle of law is recognized and declared by section 124 . . . ." (People v. Robles (1897) 117 Cal. 681, 682.) Section 124 states: "The making of a deposition, affidavit or certificate is deemed to be complete . . . from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true."

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