Cabe (defendant) was a potential juror. During voir dire, the judge asked Cabe if he or anyone in his immediate family had been arrested before. Cabe answered that one of his sons had been arrested. This was true, but Cabe had also been arrested himself once, which he did not disclose. Cabe was later charged with perjury for this statement. Cabe filed a motion for the charge to be set aside, alleging that the statement could not support a perjury charge, because it was literally true. The trial court denied Cabe’s motion to dismiss, and Cabe filed a petition for a writ of mandate.