Mahlon Pitney

“ The averment that the defense was 'arbitrarily refused' merely states a conclusion of law, and is of no effect in the absence of facts sufficient to show that the ruling was in truth arbitrary; and no such facts are alleged. ”

“ This contention is to to be tested by the state Constitution, of which the pertinent provisions, as they stood at the time of appellant's conviction, are as follows:
'Art. 6, Sec. 6. There shall be in each of the organized counties, or cities and counties of the state, a superior court, for each of which at least one judge shall be elected by the qualified electors of the county, or city and county, at the general state election; provided . . . that in the city and county of San Francisco there shall be elected twelve judges of the superior court, any one or more of whom may hold court. ”

“ The jury disagreed, and while appellant was in custody awaiting a further trial he was, on December 29, 1905, again indicted for perjury, the offense being alleged to have been committed in the giving of evidence upon the trial of the first indictment, in that he falsely testified that on May 15, 1889, at a specified place in the city of San Francisco, a marriage ceremony was performed between him and one Agnes Newman, whereas in truth, at the time and place specified, a marriage ceremony was performed between him and one Charlotta Newman. ”