Porter

Appellant was convicted of the crime of perjury, and appeals from the judgment and order denying his motion for a new trial. It appears by the information that the perjury charged against the appellant, and of which he was convicted, consisted in taking a false oath to his petition and schedules in insolvency; and the falsity of the oath consisted in the statement that he intentionally and fraudulently omitted therefrom certain of his property, to wit, “money and other personal effects.” It is now claimed that the evidence is not sufficient to support the verdict, and, upon a careful examination of the record, we have arrived at that conclusion.

The salient points in the evidence upon which the people rely for a conviction may be briefly stated as follows: 1. Appellant was engaged in the business of carrying on a sawmill for the manufacture of lumber; 2. About ten days prior to the day upon which his petition in insolvency was filed, and in the after part of the night, his office and all his account-books were destroyed by fire (it was attempted to show that he was. the- cause of this fire, but the evidence wholly fails to support the claim); 3. During the ninety days preceding…