Lea v. State

Citations

• 64 Miss. 278

Syllabus

<p>1. Perjury. Indictment for. Materiality of false oath. How averred.</p> <p>It is sufficient in an indictment for perjury to charge generally that the matter sworn to in the false oath was material to the issue or point of inquiry upon which it was taken, without showing particularly how it was material.</p> <p>2. Same. Corroborative evidence. Instruction. Case in judgment.</p> <p>L. was indicted for falsely swearing that he had not unlawfully sold liquors to C., Gr., B., etc. The court instructed the jury trying his case that separate unlawful sales which different witnesses testified had been made by L. at different times might be treated as corroborative evidence of each other. Held, that this was error. Any one sale must be proven by two witnessesj or one witness and corroborating circumstances, and proof of one sale is no t corroborative evidence of another.</p>