Fink

The respondent was charged by information with the crime of perjury, to which information he interposed a demurrer, which was sustained, and the People appealed from the judgment rendered in accordance with such ruling.

The information recites that in December, 1929, respondent commenced a civil action against William Weisman, Mary Weisman and Joseph Toplitzky upon the ground of fraud claimed to have been committed during the years 1920 and 1921, and that he alleged in substance that he first learned of such fraud during the month of May, 1927; that the defendants by their answers denied that the plaintiff first learned of the alleged fraud during the month of May, 1927; that said suit was tried in the superior court, and that a verdict and judgment were entered in favor of the plaintiff; that thereafter and upon receipt of a notice of the entry of said judgment, the defendants served and filed a notice of intention to move for a new trial. The in formation alleges that in support of their motion for a new trial the defendants filed and served various affidavits of persons who therein averred that more than three years prior to the commencement of the civil action Benjamin Pink…