Burcham

The defendant was charged by an indictment found and returned by the grand jury of Humboldt County with the crime of perjury and was subsequently tried on said indictment in the superior court of said county. The indictment was in three counts and the jury found him guilty on each count.

He appeals from the judgment and the order denying him a new trial.

The indictment charges that the alleged perjury was committed by the defendant as a witness in a criminal action tried in the superior court of Humboldt County and in which one Lawrence Mahach and Marion Rube were charged with the crime of robbery committed in said county on the third day of May, 1922.

It appears that in the forenoon of Wednesday, the third day of May, 1922, and during business hours, the Bank of Fortuna, situated in the town of Fortuna, in Humboldt County, was entered by a bandit and in the presence of Fred P. Newell, an officer of said bank, said bandit forcibly took from said bank the sum of $18,000. About the time that the robbery was being perpetrated a young man, a student of the high school of Fortuna, was approaching the bank, having been sent there to procure some change for the principal of the…