Barker

Barker appeals from a judgment convicting him of perjury charged to have been committed by him in his prosecution for the use of the mails to defraud. The indictment in the mail fraud trial was introduced in evidence. It charged a scheme to defraud by persuading persons by false representation in documents mailed to them to give Barker moneys to purchase valuable timber lands at tax sales to which they would receive unimpeachable title and likely profits.

The perjury Barker is charged to have committed in the trial of that case is that lie knowingly and falsely testified he on one day caused to be cut by stencil, assembled and stapled a five-page document, Exhibit D-56 in evidence in the mail fraud case, of which he had mailed copies on the same day to all the subscribers of his publication, California Tax Sales. The true facts, the indictment states, were that he fabricated the 5th page of Exhibit D-56 at a time other than at which he had mimeographed the first four pages and at a time subsequent to 1946, and defendant had never mailed the fifth page to any of his subscribers during the year 1946, and the fifth page was not a part of his original publication, and Exhibit D-56…