Brown v. State

Citations

• 47 Fla. 16

Syllabus

<p>Criminal Law — Perjury—Indictment—Materiality of Matter Falsely Sworn.</p> <p>1. An information or indictment for perjury should either affirmatively allege, or show from other averments, that the false testimony was material to the issue upon the trial of which it was given. The indictment, at the pleader’s election may either aver directly that the testimony falsely deposed was material to some issue on trial, or else allege facts from which its materiality will in law appear.</p> <p>2. Where a proper case is presented for impeaching a witness by showing that he has made statements elsewhere contradictory to those made on the witness stand, such witness will be guilty of perjury if he swears falsely as to whether he did or did not make such contradictory statements.</p> <p>3. While it is necessary that an indictment for perjury should show the materiality of the matter alleged to have been falsely sworn, it is also necessary that the materiality shall be shown by the proofs, and if not so proved there can be no conviction.</p>