Tolmachoff

The defendant was charged in an information filed by the District Attorney of Los Angeles County with the crime of perjury and subsequently was tried on said information in the superior court of said county. At such trial the jury found her guilty. Thereafter, defendant made a motion for a new trial which was denied. Thereupon further proceedings were suspended, no judgment was pronounced, and defendant was placed on probation for the term of five years on condition that she serve three months in the county jail. Defendant appeals from the order denying her a new trial.

The information herein charges that the alleged perjury was committed by the defendant as a witness in a criminal action tried in the Superior Court in Los Angeles County and in which one Nick Homotoff and Cecil H. Salter were accused of the crime of kidnapping for the purpose of robbery, in violation of section 209 of the Penal Code.

It appears that on July 23, 1941, Wesley Sherman was employed as a bookkeeper for Motor Discount Company in Los Angeles and resided at 380 Dearborn Street in the city of Pasadena. On said date one Arthur Taube, driving an automobile and accompanied by the aforesaid Nick Homotoff and…