People v. Lee Fat

The defendant was indicted, tried, and convicted, in the County Court of San Joaquin County, of the crime of perjury.

The indictment charges, that upon an examination of one Ah Sing before the Police Judge of the City of Stockton, the defendant was sworn as a witness, and thereupon testified to a material fact as true which he well knew to be false.

It appears from the transcript that the defendant made a *528 complaint before the Police Judge of the City of Stockton, charging that Ah Sing committed an assault upon him, the defendant, with intent to commit murder, and thereupon said Police J udge issued a warrant for the arrest of Ah Sing. That an examination of said Ah Sing upon said charge was had before said Police Judge, and on said examination, the defendant being •called as a witness on behalf of the prosecution, testified that he did not know Ah Sing, and that Ah Sing was not guilty of the crime with which he was charged. The defendant, Lee Fat, was convicted of the crime of perjury, and sentenced to ten years’ imprisonment in the State Prison. From the judgment of conviction he has taken this appeal.

On the trial in the Court below, the prosecution offered in evidence…