Gamble

This appeal follows defendants’ convictions and sentences on perjury charges.

The crux of the charge against both defendants is that, to facilitate the defense of one Lena Toler in a criminal action, a “ringer” was employed to create the reasonable doubt necessary for acquittal. The defense was successful, and the problem before us is whether or not defendant Mildred Gamble was a “ringer” and, as such, testified in the Toler trial. As to defendant Sims, if it is established that defendant Mildred Gamble was a false witness, the charge suggests that Sims connived and joined in the production of false evidence, and corroborated in his testimony material statements, knowing them to be false.

Toler was charged with theft of wigs from a wig shop on February 16, 1967. Prosecution witnesses identified Toler as the thief. They also testified that Toler was operating a Pontiac automobile which belonged to Sims at the time, and was in the company of one Eleanor Noble.

Sims testified that he had loaned his Pontiac to a Joyce Miller; that Joyce Miller was staying at his residence on February 16; that Eleanor Noble was in the company of Joyce Miller; and that he did not loan his…