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PEOPLE v. ROUBUS

Docket No. Crim. 10044.

65 Cal.2d 218 (1966)

417 P.2d 865

53 Cal. Rptr. 281

THE PEOPLE, Plaintiff and Appellant, v. LUCILLE MAE ROUBUS, Defendant and Respondent.

Supreme Court of California. In Bank.

September 15, 1966.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for Plaintiff and Appellant.

Frad, Ruggieri, Brunn & Lacey and A.M. Frad for Defendant and Respondent.

BURKE, J.

Lucille Mae Roubus was charged with perjury. At the close of the prosecution's case the court advised the jury to acquit her. (Pen. Code, § 1118.) Notwithstanding this advice, the jury returned a verdict of guilty. Defendant thereafter made a motion for a new trial on grounds (1) that, since there was no direct evidence of the falsity of her alleged perjured statement, the verdict was contrary to the law and the evidence and (2) that "because of the...

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