MacKen

In an information filed by the district attorney of Los Angeles County, defendant was accused in six counts of the crime of perjury. Trial by jury resulted in her conviction on the first three counts. The fifth count was dismissed upon' motion of the district attorney, and the jury acquitted defendant upon the fourth and sixth counts. From the order denying her motion for a new trial, appellant prosecutes this appeal.

Count I alleged the institution and existence of a divorce action between appellant and her husband in the Los Angeles County Superior Court; that during the pendency of such litigation and in connection therewith the court issued an order directing her to appear and show cause why she should not, during the pendency of the divorce action, among other things, be restrained from disposing of approximately $4,000 in cash allegedly then in her possession; that at the hearing had upon such order appellant appeared in court and testified that approximately $2,800 had been stolen from her on the evening of June 16, 1937, at the time her husband and his attorney had broken into her home and served her with the divorce papers and a copy of said order. The falsity of such…