Wilbur v. State

Appellant was convicted of perjury and sentenced by the court to the penitentiary for five years, from which conviction and sentence he appeals.

Appellant offered no proof and asked for no instructions at the trial. Only one instruction was gjven the state, the giving' of which constitutes the principal assignment of error; We quote this instruction:

“The court charg’es the jury for the state that if you believe from the evidence in this case beyond a reasonable doubt that the defendant swore falsely and corruptly at the time and place and in the manner and form as charged in the 'indictment,…