Keylon

In an information filed by the district attorney of Fresno County appellant was charged with the crime of perjury. He was convicted before a jury and sentenced to confinement in the penitentiary. The court denied his motion for new trial. He is here on appeal from the judgment and from the order denying the motion.

The prosecution for perjury grew out of the testimony of appellant given as a witness in a preliminary examination of two defendants charged with burglary. The circumstances leading up to the burglary charge may be briefly summarized as follows: A. A. Singleton was the owner of two truck tires which he had stored in the living quarters of William Lamm, one of his employees. Chester Boyd and Richard Kerr were the lessees of a small two-room house on Olive Street in the city of Fresno at which a drinking party was held on the afternoon and night of August 15, 1931. Some time during this night the tires were removed from the Lamm residence. They were subsequently found in the possession of a second-hand dealer who had purchased them from Boyd and Kerr. Boyd and Kerr were charged with burglary of Lamm’s house and stealing the tires.

It was the theory of the two defendants…