Presley

The appellant, William Robert Presley, was indicted for perjury. Pie pleaded not guilty and was tried before a jury, which returned a. verdict of guilty. He has appealed to this court from the final judgment of conviction and sentence, assigning errors in the admission and also rejection of certain testimony and further relying on the insufficiency of the evidence to support the verdict, which it is claimed was contrary to law.

An appellate court is limited in its review of the sufficiency of the evidence to the consideration of whether there was some competent and substantial evidence. Banks v. United States, 9 Cir., 147 F.2d 628 .

On or about April 5, 1944, during the trial of the case of United States v. Battrell, D.C.N.D.Cal., 1 the appellant testified that on the 9th day of February, 1944, Battrell and he were together from approximately 4 p.m. until 8 p.m., and that during this time Battrell was not hunting ducks. Battrell was found guilty of hunting wild ducks and having them in his possession on the date of February 9, 1944.

In the instant case, the witness Leslie Eugene Mercer, State and Federal Game Warden, testified that he in the company of Officer Gerhardt saw…