State v. Lugar

1 A witness called by the state, who gave damaging testimony against the defendant, was not sworn before testifying. Nor was the omission discovered by the defendant until the verdict had been returned. Erom the very inception of judicial procedure down to the present time some form of oath, or some recognition of accountability for falsely testifying, has been required by lawmakers and by courts. In 1 Greenleaf, Evidence, section 328, it is said: “ But here it is proper to observe that one of the main provsions of the law for securing the purity and truth of oral evidence is that it be…