McDaniel v. State

THOMAS, J.—(l) To ? constitute perjury at common law and under the statutes of this state, the matter falsely sworn to must be'material to the issue or the question in controversy. Irrelevant testimony, although false, cannot be made the basis of a charge of perjury. —Code, §§ 7541, 7548.(2) The indictment here (following the code form— Code, § 7161, form 81) charges the defendant appellant with perjury, in that he willfully and corruptly swore falsely, as a witness for himself on the trial of himself under a charge of burglary (giving the name of tiie court in which the trial was had and…