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PEOPLE v. KOBRIN

Docket No. S036656.

11 Cal.4th 416 (1995)

903 P.2d 1027

45 Cal. Rptr.2d 895

THE PEOPLE, Plaintiff and Respondent, v. NATHAN PAUL KOBRIN, Defendant and Appellant.

Supreme Court of California.

November 2, 1995.

Attorney(s) appearing for the Case

COUNSEL

Richard L. Rubin, under appointment by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Stan M. Helfman, Christopher W. Grove and Jeremy Friedlander, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ARABIAN, J.

"For if it be not material, then though it be false, yet it is no perjury, because it concerneth not the point in suit...."1

Since early common law, materiality has been considered an "essential element" of the crime of perjury. (Perkins on Criminal Law (2d ed. 1969) p. 462; Note (1938) 11 So.Cal.L.Rev. 309, fn. 1; see People v. Pierce (1967)

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