People v. Smith

The defendant was convicted of the crime of perjury, and appeals from the judgment, and from the order denying his motion for a new trial.

The defendant had been tried and acquitted of the crime of burglary, and the present charge relates to his testimony on that trial—the language charged to be false being: * ‘ That one Vincent Lopez was at the ranch house of said Frank Smith, the defendant in the said above-mentioned ease and the defendant herein, about thirteen miles south of the town of Angiola in the county of Tulare, state of California, the place of the burglary, on Thursday night, the…