TUCKETT, Justice:
This is a criminal action wherein appellant was charged with perjury in the first degree. The defendant was convicted in the court below and from the verdict and judgment appellant has appealed to this Court.
Indictment accused the defendant of having testified falsely on the 7th day of May, 1965, before the Honorable Maurice D. Jones, Judge of the City Court, Salt Lake City. The charging part of the indictment is as follows:
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