California, United States of America
The following excerpt is from People v. Pierce, 52 Cal.Rptr. 853 (Cal. App. 1966):
At the preliminary hearing held herein, evidence was received in the form of testimony given by the officers involved which, if accepted as true by the committing magistrate, unquestionably proved the complete falsity of respondent's sworn statements and established 'such a state of facts as would lead a man of ordinary caution or prudence to believe and conscientiously entertain a strong suspicion of the guilt of the accused.' (Perry v. Superior Court, supra, 57 Cal.2d at p. 283, 19 Cal.Rptr. at p. 5, 368 P.2d at p. 533.) Thereafter the information was filed in the superior court charging respondent with the crime of perjury. As indicated, respondent's motion under section 995 of the Penal Code was made and granted, the information was dismissed, and the present appeal ensued.
In material part, section 118 of the Penal Code provides that '* * * every person
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