McKeller

The prisoner, in order to prove that he was not present in San Joaquin County at the commission of the burglary for which the indictment proceeds, produced a witness, Richard Carolan, who testified in substance that he had seen the prisoner at the corner of Third and Mission Streets, in the city of San Francisco, on Sunday, April 22nd, 1877, between three o’clock and four o’clock p. M. It was conceded at the trial that if the prisoner was present in San Francisco at the time mentioned by the witness Carolan, it was impossible for him to have been present at the scene of the burglary. The witness Carolan, upon his cross-examination by the counsel for the people, stated that he had lived in the city of San Francisco ever since 1855, except that he had been out of the city for the space of two years, working on a ranch in Marin County. He also stated that he had testified in this cause as a witness for the prisoner at a former trial. He was then asked by the counsel for the people if he did not testify at the former trial that he had lived in Marin County four years, or that he had been in that county six or seven years since the year 1855, and answered *66 that ho had not so…