People v. De Vries

The defendant was indicted on four counts for the crime of perjury. His demurrer to the indictment was overruled. He was tried, convicted on the first, third, and fourth counts, and sentenced to imprisonment in the state prison. He appeals from the judgment, and from the order denying his motion for a new trial, urging as reasons for a reversal that the court erred in overruling the demurrer to the indictment, in its decisions on questions of law arising during the course of the trial, and that the court misdirected the jury. Alleged misconduct of the district attorney during the course of the trial and in his closing argument to the jury is assigned by the defendant as prejudicial error.

The allegation of the first count of the indictment is that the defendant swore falsely as to material matter while a witness under oath before the grand jury of the city and county of San Francisco, in an investigation of the charge that the defendant and others, in their capacity as inspectors for the state board of pharmacy, took and received bribes from, and were guilty of official misconduct with, persons suspected or accused of violating the laws with respect to the use and disposition of…