McGee

The defendant has appealed from a judgment after conviction on a charge of perjury alleged to have been committed on July 1, 1929, during the trial of one Walter Meeks, who was accused of having sold liquor at his home in Orange County on February 16, 1929, to one E. M. Perry.

At that trial Perry testified that on the morning of February 16, 1929, he went to the home of Meeks in Orange County and purchased some liquor from him at about 10 o’clock A. M. For the purpose of establishing an alibi, defendant testified that on that same forenoon the said Meeks was digging a ditch at defendant’s home in Los Angeles, about thirty miles from the Orange County home of Meeks. This testimony is the basis of the perjury charge involved in this action.

The main ground of this appeal is the claim that there is a total absence of any positive testimony to prove the defendant guilty of the crime charged; that it was incumbent upon the prosecution to prove by direct testimony that defendant was not at his residence talking to Meeks at the time referred to; and that the record discloses no witness who directly testified that the meeting between defendant and Meeks did not take place at the place…