Patterson

The defendant was found guilty of the crime of perjury. On April 19, 1922, in the trial of a criminal action entitled “The People of the State of California vs. James Wheaton and Calvin Rowell, ’ ’ in the superior court of the county of Los Angeles, appellant testified on behalf of defendant Wheaton in said action. The defendants Wheaton and Rowell were on trial for the crime of the murder of two policemen of the city of Los Angeles, alleged to have been committed in said city on the night of December 6, 1921, between the hours of 10 and 11 o’clock of said night. The defendant testified in said action that Wheaton, one of said defendants in said action, was at the home of said defendant Patterson in the city of Los Angeles on the night of December 6, 1921, from about the hour of 7 o’clock until the hour of 11 o’clock of said night. On the trial of the defendant Patterson for the crime of perjury his testimony, given in the Wheaton-Rowell case, was introduced in evidence. The prosecution then called as a witness Harry C. Hickok. Hickok testified that he was a police officer and that he was present at a conversation between the defendant Patterson and a deputy district attorney" of…

I concur in the order denying the petition for a hearing herein solely on the ground that under the rule we are bound by what appears on the face of the opinion. (Burke v. Maze, 10 Cal. App. 206 [ 101 Pac. 438, 440 ].)