40 P. 953 | Cal. | 1895
The petitioner has been held to answer on a charge of perjury, and asks to be discharged, upon the ground, among others, that he was committed without reasonable or probable cause. The evidence adduced before the committing magistrate is, in my opinion, wholly insufficient to sustain the charge as laid in. the infonnation, or any charge. It seems that one Paulsell was on trial in the superior court on a charge of robbing the proprietors of a faro bank. The petitioner, being a member of the regular, panel of trial jurors in attendance upon that department of the superior court, was called into the jury-box and examined on his voir dire touching his qualifications as a juror. He was questioned by the prosecution, and passed. Counsel for defendant then asked him the following question, among others: “Do you know a man named Carrall, or Ross, or Webber, the men who were proprietors of the gambling house at 620 Market street?” To which he answered: “No, sir; I have nothing to do with such places.” The charge is that the latter part of this answer was false; that in fact petitioner did have something to do with “such places.” It appears from the evidence that the place kept by Carrall, Ross & Webber at 620 Market street was a clandestine and illicit gambling house, where a game of faro was conducted. The game of faro, as well as all bank