Dunstan

Under an indictment purporting to charge him with the crime of perjury, the defendant was convicted in the superior court of Glenn County of the crime so charged and this appeal is prosecuted by him from the judgment and the order denying his motion for a new trial. The indictment alleges that the defendant on the ninth day of January, 1922, having duly taken an oath before the superior court of the said county of Glenn that he would testify truly to the whole truth and nothing but the truth in the case then and there pending and at issue in said court, to wit: The People of the State of California v. J. H. Heusers, did willfully, unlawfully and feloniously in a manner material to such case, and to the issue therein, declare and testify the truth to be that he, said Arthur W. Dunstan, “did not see one G. L. Budd in front of Tom’s Pool Boom or the Popular Bestaurant on Tehama Street, in the town of Willows, County of Glenn, State of California, on Saturday evening, November 19th, 1921, and talk to him at said place, and further that he did not talk to said G. L. Budd, or one J. H. Heusers, the defendant in the above mentioned case, in front of said restaurant, or in front of said…