People v. Lem You

Defendant was convicted of perjury, and appeals from the judgment, and from an order denying a new trial.

It is charged in the information that the appellant, Lem You, gave certain false and material testimony on the trial of one Wong Ark for the alleged murder of a woman named Goot Gue, who was shot in or in front *226 •of the house in which she lived, on the night of April '.26, 1891, in the city of Los Angeles.

There is great conflict of evidence as to whether or not the said testimony of the appellant was false, and .appellant makes no point as to the sufficiency of the evidence to justify the jury in finding that said testimony was false. But appellant contends that the court com.mitted several errors in ruling upon the admissibility •of evidence, and in instructing the jury.

1. For the purpose of showing the materiality of the ¡alleged, false testimony of appellant, the prosecution •offered evidence of the testimony which two witnesses named Rohn and Bevan gave at the said trial of said "Wong Ark. (There were two or three trials of the said .Ark, but the alleged false testimony occurred at the first •of said trials.) To this evidence appellant objected, .as incompetent,…