State v. Silverberg

Citations

• 78 Miss. 858

Syllabus

<p>1. Criminal Procedure. Perjury. Indictment. Code 1892, 11362. Constitutional law. Constitution 1890, sec. 26.</p> <p>Code 1892, $ 1362, providing that it shall be sufficient in indictments for perjury to set forth the substance of the offense charged, does not dispense with the necessity of averring the substance of the issue on which the perjury is charged to have been committed. A statute which did so would violate that clause of section 26, constitution of 1890, securing to a defendant the right “to demand the nature and cause of the accusation ” against him.</p> <p>2. Same. Falsity must he expressly charged.</p> <p>The averment of falsity in an indictment for perjury must be made expressly and positively, and not by implication.</p> <p>3. Same. Truth must he charged.</p> <p>An indictment for perjury must aver what the truth is in relation to the matter of which the perjury is assigned.</p>