State v. Evans

The serious question on this appeal is that of determining whether the jury found the defendant guilty only because they were convinced that his testimony before the grand jury concerning the slot machine was in fact false, or whether they found him guilty because they were convinced that he had so testified corruptly and knowingly to cover up'the fact that the machine had been placed by Vogt in the tavern of Millen. If the defendant was mistaken as to the fact, or if he overstated the matter in a desire to be emphatic, or if the machine, so far as he knew, was only out of his house for the…