State v. Jones

— Appelle was tried in the court below on the charge of perjury, and was acquitted. The State appeals on reserved questions of law.

The offense charged is based on an affidavit made by appellee and filed in another case wherein *235he was charged with keeping a house of prostitution. In that case a motion for a continuance was filed, based upon the absence of certain witnesses whose attendance could not be procured at the trial. In support of such motion appellee filed an affidavit, in which he stated, among other things, the names of the witnesses and the facts to which they would testify if…