Maxwell

Defendant, convicted of the crime of perjury, appeals from the judgment, from the order denying his motion in arrest of judgment, and from the order denying his motion for a new trial.

The perjury charged was a false oath made by defendant as to matters contained in his petition and schedules in insolvency.

It is first insisted that the information is defective and fails to charge the crime in this, that it is alleged that at the time defendant filed his petition and schedules in insolvency he was the owner of a note referred to in the information and alleged to have been omitted from the schedules, but no charge is made that at the time defendant took the oath he was the owner of the note, and it is insisted that the falsity of the oath must be determined by the state of facts existing at the time the oath was taken, and not at the time when the petition was filed. The petition and schedules bear date May 30, 1895, and were filed in the superior court of Napa county upon that date. Appellant’s contention is completely disposed of by the provisions of section 134 of the Penal Code: “The making of a deposition or certificate is deemed to be complete, within the provisions of this…