People v. Haley
227 P.2d 48, 102 Cal. App. 2d 159, 1951 Cal. App. LEXIS 1285 (1951)
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Rule of Law:
A person is guilty of the crime of solicitation to commit perjury when they ask another person to give false testimony, regardless of whether the solicited person agrees to the request or the perjury is ever actually committed.
Facts:
- The defendant feigned being injured by an automobile driven by her physician, Dr. Brotman, although his car never actually struck her.
- She demanded that Dr. Brotman pay her medical bills, which he refused to do.
- The defendant asked an acquaintance, Paul Howard, to falsely testify that he had witnessed the nonexistent accident.
- She provided Howard with specific details for his false testimony, such as the location, the car's speed, and the license plate number.
- The defendant offered Howard a portion of any money she recovered from her fraudulent claim and gave him $20.
- The defendant subsequently filed a civil lawsuit against Dr. Brotman seeking damages for her feigned injuries.
- Howard did not agree to commit perjury; instead, he contacted the police and cooperated with them in their investigation of the defendant.
Procedural Posture:
- The defendant was charged by information in a California trial court with solicitation to commit perjury in violation of Penal Code § 653f.
- Following a trial, a jury found the defendant guilty.
- The defendant made a motion for a new trial and a motion in arrest of judgment, both of which were denied by the trial court.
- The trial court suspended judgment and sentenced the defendant to five years of probation.
- The defendant appealed the order denying her motion for a new trial to the California Court of Appeal.
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Issue:
Does a person commit the crime of soliciting perjury under Penal Code section 653f by asking another to testify falsely, even if the solicited person never agrees and the perjury is never committed?
Opinions:
Majority - Wilson, J.
Yes. A person is guilty of soliciting perjury by asking another to give false testimony, and the crime is complete at the moment of solicitation, irrespective of the outcome. The court reasoned that the offense defined in Penal Code § 653f is the solicitation itself, not the completion of the solicited crime. Citing precedents like People v. Baskins and People v. Gray, the court affirmed that the crime is committed even if the person solicited rejects the proposition. The defendant's intent was clear from her actions, which included filing a lawsuit against Dr. Brotman, demonstrating she intended for Howard to testify in that action if a settlement was not reached.
Analysis:
This case solidifies the legal principle that solicitation is a distinct, completed offense, separate from the crime being solicited. The decision emphasizes that the law aims to punish the act of encouraging criminal behavior at its inception, thereby protecting the integrity of the justice system from attempts to corrupt it. It clarifies for future cases that the success or failure of the solicitation is irrelevant to the defendant's guilt. This holding reinforces the state's interest in deterring the initiation of criminal acts before they can cause further harm.
