In Re Braynard

This is an application of George Dewey Davis for a writ of habeas corpus.

The petitioner is in custody under a commitment from the justice’s court holding him to answer on a charge of perjury.

The alleged false testimony is as follows: “That Leland Gipson, on or about the 12th day of January, 1921, at Kennett, in the county of Shasta, State of California, while Arthur Owen Davis was handcuffed, (did) strike said Arthur Owen Davis in the face with his fist, and that said George Dewey Davis was standing by the side of said Gipson at the time and saw said blow struck by said Gipson.”

It is admitted that there was sufficient evidence of the falsity of the testimony and the ground urged in support of the application is that such testimony was - not material to the matter before the court wherein it was given. To arrive at an intelligent understanding of the objection made, it is necessary to recite briefly the events leading up to the proceeding before the court.

One Arthur Owen Davis was arrested in Shasta County on a charge of murder, alleged to have been committed therein. On his arraignment in the superior court of that county he entered a plea of guilty and was by the court…