McLeod

Defendant was, upon an information filed charging him therewith, convicted of the crime of perjury. He moved for a new trial upon all the statutory grounds and the court, by a general order, granted the motion, from which the people appeal.

It appears from the information that J. M. Brennan and Edith W. Brennan brought suit against defendant to recover a sum of money which they alleged he, as their attorney, had, prior to April 7, 1914, collected from one A. Levin upon a judgment obtained in an action, wherein Edith W. Brennan was plaintiff and said Levin defendant, all of which allegations were denied by defendant in a verified answer filed in said action so brought against him, and that upon trial thereof iefendant, as a witness in his own behalf, testified “that prior to the said 7th day of April, 1914, he, the said John'R. McLeod, had not received anything on account of said judgment theretofore entered in said Superior Court in said action No. B-7786, and entitled Edith W. Brennan, Plaintiff, vs. A. Levin, Defendant,” which testimony was then and there material to the inquiry then being made; that in truth said testimony so given by defendant was knowingly and willfully…