Pawley

This is an appeal from a judgment of conviction for the crime of perjury. The sufficiency of the indictment under which the conviction was had is challenged upon two grounds: First, because the court in which tho oath was administered was not described; and, second, because the indictment did not properly negative the truth of the false testimony by affirmative averments setting forth the truth by way of antithesis.

Section 558 of title 18, USCA, provides that in every indictment it shall be suC-fieient to set forth the substance of the offense charged upon the defendant, and by what court, and before whom the oath was taken, averring such court or person to have competent authority to administer the same, together with the proper averment to falsify the matter wherein the perjury is assigned.

The indictment in this case charged that there came on to be heard in tho District Court before the Honorable R. W. Smith, referee in bankruptcy of the court aforesaid, at Yuma, Ariz., the first meeting of creditors at a bankruptcy proceeding; that the appellant appeared as a witness and was then and there duly sworn and took his oath as such witness, before the referee, that the testimony…