Walker

Chandler J. Walker was convicted of three counts of perjury. (Pen. Code, § 118.) Pronouncement of judgment was suspended and probation granted. He properly appeals from the order granting probation.

The crucial question presented on this appeal is whether an oath was taken by Walker before a notary public with sufficient formality to permit a charge of perjury within the meaning of section 118 of the Penal Code.

We hold there were irregularities in the manner in which the notary administered the oath to Walker but that an oath was administered and that perjury was proved. Other points urged for reversal are without merit and the judgment should be affirmed. Explanation of our holding will follow a statement of the facts.

Walker was the former owner of the West Coast Construe tion Company, and as such he was in the home improvement business specializing in the sale of aluminum products. He employed salesmen whom he described as “independent contractors. These salesmen actually secured the orders.

Three sales by the Walker organization are involved in three counts of perjury prosecutions on which Walker was convicted. A discussion of one of these sales in detail will suffice for…