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State v. Byrd

Citations

  • 28 S.C. 18
  • 4 S.E. 793
  • 1888 S.C. LEXIS 8

Syllabus

<p>1. It is not necessary to constitute the crime of perjury under the statute {Gen. Stat., \\ 2534) that the matter falsely sworn to should be material to the issue. It is sufficient if the oath was required by law, was administered by one authorized to do so, and was wilfully and knowingly false; and its materiality not having been alleged, it was unnecessary to prove it.</p> <p>2. Testimony which bears upon the location of defendant at a particular time, where such location affects the question of his guilt or innocence, is material to the issue involved.</p> <p>3. An indictment charging perjury committed at a trial before a trial justice, is not defective in failing to allege that the proceeding before that officer was commenced by information under oath.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting the enactment of the predecessor to the modern perjury statute essentially eliminated the common-law requirement that the defendant's testimony be material to an issue in the proceeding

Source: CourtListener parenthetical corpus (CC0).

Judges: Aldrich, McGowan, Pickens

Read full opinion on CourtListener

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