People v. Nelson

The defendant was charged with perjury alleged to have been committed by testifying to a certain fact in a prior civil action. The court, sitting without a jury, found the defendant guilty and thereafter granted his motion for a new trial, from which order the People have appealed.

It appears from the evidence that one Fred E. Pierce had sued the respondent for some $2,000 for services in making an audit. The respondent claimed an agreement that the work should be done for $250 and that a certain check for $50 was the final payment thereon. At the trial of the civil action he introduced in…