Vance v. State

Citations

• 62 Miss. 137

Syllabus

<p>3. Perjury. False report of school teacher. Case in judgment.</p> <p>Y. taught a-free public school for two terms in the year 1880. The close of the first term as prescribed by law was the last day of August, which was Monday, but with the consent of the patrons V. taught the four remaining school days of that week. It was agreed between him and his patrons that for the four days during which he had thus taught without authority of law he should be compensated at the next term. Ilis teacher’s report for August did not embrace these four days. The second term began with November, and at the end of that month he made his monthly report, in which he falsely added enough names to the list of his pupils to entitle him to compensation equivalent to pay for the four days taught as above stated. This report was sworn to by V., and for making such oath he was indicted for perjury and convicted. Held, that not being entitled to pay for the. four days during which he taught after the termination of the first term, and having knowingly sworn falsely to his November report, Y. was guilty of willful and corrupt false swearing.</p> <p>2. Pebjury. False oath to obtain money.</p> <p>Where a person knowingly swears to a false statement in order to obtain money to which he is not legally entitled, and such oath is necessary to the obtaining of the money, he is guilty of perjury. Whether intentional false swearing to a legal claim for money is perjury, quaere.</p> <p>3. Same. Number of witnesses required. Defendants testimony.</p> <p>The rule requiring two witnesses, or one witness and corroborating circumstances, to prove perjury, is satisfied by the testimony of one witness, together with that of the defendant where his own testimony shows his guilt.</p> <p>4. Same. Fitot in instructions. Verdict supported by evidence. Supreme court practice.</p> <p>This court will not reverse the judgment on a conviction for perjury, because of error in the instructions for the State, where the t