By an amended information, in a recent Washington case, respondent was charged with the crime of perjury in the first degree, the information alleging that respondent came before a notary public for the purpose of giving his deposition which was to be used in a pending civil case, that he was sworn according to law to tell the truth, and that he thereupon testified falsely with the intent that his testimony as written in the deposition be used in that civil case. It affirmatively appeared, both from the allegations of the original information and from the state\u27s admission in open court, that the deposition was never subscribed by respondent. The superior court sustained respondent\u27s demurrer and dismissed the prosecution. Upon the state\u27s appeal, it was held that the demurrer had been properly sustained
