Burcham

The defendant was convicted of the crime of perjury and prosecutes this appeal from the judgment of conviction and the order denying his motion for a new trial.

The alleged perjury is charged to have been committed during the trial of People v. Mahach and Rube, 60 Cal. App. 635 [ 213 Pac. 539 ]. The defendant was convicted of perjury in giving some of the testimony herein alleged to be false, prior to the commencement of this action. The judgment in that case was reversed. (People v. Burcham, 62 Cal. App. 649 [ 217 Pac. 558 ].) The opinion therein contains a comprehensive statement of the facts which show the materiality of the alleged false testimony charged in that action and in this, and no general restatement of such facts is necessary here. After the remittitur was filed in the trial court the action was dismissed on motion of the defendant. Thereafter this action was commenced. The defendant pleaded that he was “once in jeopardy,” basing the plea upon his trial and conviction in the case which was reversed and thereafter dismissed. There is no merit in the plea. (People v. Schmidt, 64 Cal. 260 [ 30 Pac. 814 ]; People v. Mooney, 132 Cal. 13 [ 63 Pac. 1070 ]; People v.…