People v. Morris

Opinion

KANE, J.

Defendant Clarence Morris appeals from a judgment of conviction entered on a jury verdict finding him guilty of perjury (Pen. Code, § 118).

The charge of perjury arose from a petition for habeas corpus filed by appellant during his incarceration at San Quentin Prison. In his petition appellant declared under penalty of perjury that Fred W. Gabourie, the attorney who represented him in the 1967. proceedings that resulted in his being sent to prison, had assured him that the sentencing judge, with the prosecutor’s concurrence, had agreed to give appellant no more than a six-month…