Bass

This is an appeal from a judgment of conviction and “the denial of probation” in a case involving a violation of the provisions of section 118 (perjury).

In an information filed in Los Angeles County, it was charged that the appellant did, on or about April 22, 1958, in the Superior Court in Los Angeles County, in a criminal trial wherein he was the defendant (charged with the possession of narcotics) after being duly sworn, testify falsely; that the false testimony was material to the issues tendered in the ease. The appellant pleaded not guilty and the cause was tried without a jury. The case was submitted upon the transcript of the testimony taken at the preliminary hearing and additional testimony taken at the time of trial. The appellant was found guilty, probation was denied and he was sentenced to the state prison.

A résumé of the facts is as follows: Appellant admittedly possessed some narcotics and he was charged with a violation of section 11500 Health and Safety Code. He was on trial therefor in the superior court and took the witness stand in his own behalf. He testified in effect that he had secured the narcotics in question from a Dr. McCowan at his office on…