Cabe v. Superior Court
California Courts of Appeal
74 Cal. Rptr. 2d 331 (1998)
Relevant factsFree
During jury voir dire, Cabe (defendant) was asked whether he or any immediate family member had been arrested; he truthfully disclosed his son's arrest but omitted his own prior arrest. Cabe was charged with perjury for the omission, moved to dismiss the charge as based on a literally true statement, and the trial court denied the motion; Cabe petitioned for a writ of mandate.
IssueFree
Whether a literally true but arguably misleading statement made under oath can support a charge of perjury.