People v. Planer

THOMPSON, J.

The appellant was convicted of perjury under the provisions of section 118 of the Penal Code. The alleged perjury consists of falsely swearing, under oath, in a civil proceeding in the Superior Court of Merced County that neither he nor his wife signed or executed a certain quitclaim deed and bill of sale which purport to contain their signatures.

The appellant and his wife were farmers living in the vicinity of Merced. They were jointly charged, tried and convicted of the crime of perjury. Probation was granted to Mrs. Planer. A motion in arrest of judgment was denied. From the order denying his motion in arrest of judgment, from the order denying his motion for a new trial and from the judgment of conviction Eugene F. Planer has appealed.

The purported appeal from the order denying the motion in arrest of judgment is ineffectual. An appeal does not lie from that order which must be made before the entry of judgment. (Sec. 1237, Pen. Code;

People

v.

Bundy,

168 Cal. 777 [145 Pac. 537] ;

People

v.

Fitzgerald,

14 Cal. App. (2d) 180 [58 Pac. (2d) 718].) The appeal from that order is therefore dismissed.

It is contended the verdict and judgment of conviction are not sustained by the evidence; that the court erred in admitting and excluding evidence at the trial and in unduly limiting the appellant’s cross-examination of certain witnesses; that the trial judge was guilty of prejudicial misconduct in commenting on the evidence and that the jury was also guilty of prejudicial misconduct in considering evidence which was received outside of court.

The verdict and judgment are not supported by the evidence. The appellant was convicted of falsely swearing at thé trial of a civil cause that neither he nor his wife signed or executed a certain quitclaim deed or bill of sale, and that he falsely swore in an affidavit taken under oath to the effect that when they signed a certain agreement terminating their right and title to certain lands that the document contained several blank lines which were subsequently filled in without their knowledge or consent. The agreement terminating their interest in the property and the quitclaim deed and bill of sale,