Adams

Appellant was convicted of perjury for testifying before a grand jury that he was in a certain -barbershop in Los Angeles on February 28, 1950. The materiality of the testimony lay in the fact that the grand jury was investigating the murder of one Davidian who on the date mentioned had been slain in Fresno, California. It appears that the indictment (described as No. 21,101) charging a narcotics offense had been returned against Davidian and several ■other persons, including appellant, and that Davidian was expected to testify for the government on the trial of that indictment.

Appellant’s primary contention is that the perjury was not proved by two witnesses, or by one witness and corroborating circumstances. An examination of the record satisfies us that the government’s evidence measures up to the requirements of the rule in such cases. The three 'barbers in the shop testified on the subject, and while there was some confusion or uncertainty in their testimony as to matters of detail, the weight of the evidence and the credibility of the witnesses was solely for the trial jury.

It is contended, also, that appellant was prejudiced by an instruction of the court to the effect…