Metzler

The defendant in this case was convicted in the superior court of the county of Fresno of the crime of subornation of perjury. He has appealed from the judgment entered against him and from an order denying a new trial.

The defendant insists that the demurrer to the information should have been allowed upon the ground that the information fails to shew the materiality of the alleged suborned testimony. The information charges in substance that on February 27, 1912, the defendant procured one J. P. Helmuth to commit perjury in a certain civil action then pending in the superior court of Fresno County entitled “Metzler v. Spomer,” wherein the defendant here was the plaintiff. In addition to the allegations usually employed in charging the crime of subornation of perjury, the informa tion expressly avers the materiality of the alleged suborned testimony. The information then proceeds to recite the substance of such testimony in conjunction with other alleged facts, all of which tends clearly enough to show the materiality of the alleged suborned testimony to the issues involved in the civil action in which it was alleged the defendant induced the witness Helmuth to give such…