Albert

The information contains four separate charges of perjury. The defendant was convicted of the offenses charged in the first and fourth counts. His motion for a new trial was denied and he was sentenced to imprisonment for both offenses, the terms of imprisonment to run concurrently. This appeal is from the judgment and the order denying a new trial. The respondent admits inability to find any corroboration of the testimony of the prosecuting witness in support of the fourth count and a careful search of the record fails to disclose any corroboration thereof.

The first count alleges that in the trial of the defendant, in November, 1926, upon a charge of grand larceny, he falsely testified that he paid certain moneys for certain sweet potatoes. The testimony given in that case shows that the defendant and C. C. Piccanco had entered into an agreement for the sale of the latter’s sweet potatoes to the former, payment to be made for each load thereof as delivered, and that the defendant received eight loads of the potatoes, he hauling them in his own truck from the defendant’s home in Stanislaus County to Oakland or San Francisco. Piccanco testified in that case and in this that the…