Green

The defendant was convicted of the crime of perjury, in the County of Tulare, and brings this appeal from the judgment of conviction, and also from the order denying his motion for a new trial.

It appears that two brothers, named Michael and James Maher, were engaged, as partners, in raising sheep near Tip-ton, Tulare County, in the year 1876. That in the month of July of that year they went with their sheep to the mountains, and that both of them were supposed to have been afterward killed. On the 7th of March, 1878, one J. J. Kerrick was indicted by the grand jury of Tulare County for the murder of Michael Maher. The indictment in that case charged Kerrick with having murdered Michael on or about the 20th of August, 1876. The defendant Green was a witness for Kerrick on the trial of the charge against him, and the indictment in the present case charges that Green, on that occasion, willfully and falsely testified, among other things, that he saw James *593 Maher on the last day of August or the first day of September, 1876, at his (Green’s) place, on Deer Creek, in Tulare county, at which time he had a conversation with him, and that Maher had told him (Green) that he (Maher)…