People v. Smith, Cr. 12028

• Court: California Court of Appeals
• Writing for the Court: ROTH
• Citation: 56 Cal.Rptr. 258,248 Cal.App.2d 134
• Parties: The PEOPLE of the State of California, Plaintiff and Appellant, v. Yvonne SMITH, Defendant and Respondent.
• Docket Number: Cr. 12028
• Decision Date: 26 January 1967

Page 258

56 Cal.Rptr. 258 248 Cal.App.2d 134 The PEOPLE of the State of California, Plaintiff and Appellant,
v.
Yvonne SMITH, Defendant and Respondent. Cr. 12028. Court of Appeal, Second District, Division 2, California. Jan. 26, 1967.
Rehearing Denied Feb. 23, 1967.
Hearing Denied March 22, 1967.

[248 Cal.App.2d 135] Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., Evelle J. Younger, Dist. Atty., Harry Wood, Chief, Appellate Division, Robert J. Lord, Deputy Dist. Atty., and Keith Glazer, Deputy Dist. Atty., for appellant.

Erling J. Hovden, Public Defender, Harkjoon Paik, Deputy Public Defender, and James L. McCormick, Deputy Public Defender, for respondent.

ROTH, Presiding Justice.

On October 8, 1965, respondent Yvonne Smith was charged with three counts of

Page 259

felony perjury in violation of sections 118 of the Penal Code and section 1550 of the Welf. & Inst.Code (now §§ 11050 and 11054 of the Welf. & Inst.Code).

On January 19, 1966, she demurred to the information on the ground that she cannot be prosecuted via section 1150 of Welf. & Inst.Code cited in the information, under the general perjury statute of the Penal Code, since section 1563 of the Welf. & Inst.Code (now § 11265) applies specifically to the crimes charged and makes the same misdemeanors and not felonies.

On January 28, 1966, the trial court sustained the demurrer. The People refused to amend. Judgment dismissing the information was entered February 24, 1966.

Prior to the time of the alleged perjury, Mrs. Smith was receiving aid from Los Angeles County for the support of her two children. On April 1, 1963, October 17, 1963, and April 23, 1964, Mrs. Smith signed, under oath, as required by section 11265 of the Welf. & Inst.Code, 'Statements of Facts Relating to Eligibility for Aid to Needy Children,' bi-yearly redeterminations of eligibility required by [248 Cal.App.2d 136] the county. Included on each form was the statement that there was 'no unrelated adults living with the family.' The People contend that during this period, one Morris R. Johnson was in fact living with Mrs. Smith and her children, and that she therefore committed perjury in signing the redetermination statements.

The sole question on appeal is whether Mrs. Smith could be prosecuted for felony perjury under section 118 of the Penal Code and section 1550 of the Welf. & Inst.Code, now sections 11050 and 11054 of the Welf. & Inst.Code, or as respondent contends, only for violation of section 1563 of the Welf. & Inst.Code, now section 11265 of that code.

Section 11265 of the Welf. & Inst.Code deals specifically with annual redeterminations of eligibility for aid to needy children, and concludes: 'Any person signing such certificate who willfully states therein any material matter which he knows to be false is guilty of a misdemeanor.'

Section 1550 of the Welf. & Inst.Code, repealed effective May 21, 1963, operative January 1, 1964, reenacted in 1965 as sections 11050 and 11054 without substantial change, but omitting provisions for an oath, death generally with all applications for aid in behalf of a needy...