Santens

This is an appeal from the judgment of conviction of defendant on the charge of conspiracy to obstruct justice in violation of subdivision 5 of section 182 of the Penal Code, by indictment.

Defendant was involved in a divorce action in which the custody of three minor children was at issue. In that trial defendant was asked by his wife’s counsel if he knew a woman by the name of either Loraine Longoria or Patricia McEntire. Defendant, testifying under oath, denied knowing this party. This inquiry was for the purpose of attempting to bring to the trial court’s attention, in its consideration of the custody of the minor children, the fact that defendant had been living in a meretricious relationship with this woman who, in fact, had a prior criminal record.

After the interlocutory decree was entered granting the custody of the children to defendant, the wife of defendant filed a motion for a new trial based on the ground of newly discovered evidence.

Defendant and said woman, Loraine Longoria, also known as Patricia McEntire and as Lorene Erskine, went to the office of defendant’s attorney where they each read and signed certain affidavits which were subscribed and sworn to…