Phillips.

Defendant was convicted of perjury and he appeals from the judgment and order denying his motion for a new trial. The basis for the charge in the indictment is that upon the trial in the superior court of an action to recover for injuries caused to his wife in an automobile accident he testified falsely as follows: “Did you have a nurse for your wife after the accident? A. Yes, a nurse girl to assist in the housework, and took care of my wife. Q. How much did you pay her. A. I think it was $108.”

[1] We can see no merit in the claim that said testimony was not material to any issue in said action for damages.

In the complaint in said civil action, after setting out specifically certain injuries received by the wife, plaintiffs alleged “that by reason of said injuries to said plaintiff, Alice D. Phillips has undergone and now undergoes and will in the future undergo great physical pain and agonies, and great mental suffering, and was unable to perform her household duties for about two months.” In the answer “defendants deny, that by reason of said or any injuries to said plaintiff, Alice D. Phillips, she has undergone or will undergo in the future, great or any physical pain and…