Klein
People v. Klein
Opinion
Lead Opinion
Dyke, J.
These are appeals from, (1) a judgment of conviction of perjury entered by the trial court sitting without a jury, and (2) from a judgment entered upon a jury’s *578 verdict which found' appellant guilty of burglary of the second degree. Since the perjury for which appellant was indicted occurred at a former trial on the charge of burglary of which he stands convicted, both appeals will be disposed of by this one opinion.
Upon appellant’s request for counsel this court appointed James B. Thompson, Esq., an attorney at law, to represent appellant on both appeals. Mr. Thompson has reported that he finds no merit in either. Nevertheless, we have made an independent review of the records.
It appears that in each case appellant was represented by counsel in the court below and was, at all proper times, advised of his constitutional rights.
At the trial on the charge of burglary appellant took the stand and admitted that at a former trial he not only had testified falsely as to his whereabouts on the night of the burglary, but had induced three of his friends to falsely corroborate his alibi. Subsequent to that trial an indictment charging appellant with perjury was returned by the…