State v. Moore

PROVOSTY, J:

Defendant was convicted of perjury, and sentenced to two years in the peniteiitiary, and he appeals.

The perjury is charged to have heen committed in a suit brought against defendant by his wife, wherein he tendered himself as a witness. On demurrer to the information defendant contended, and now contends, that, inasmuch as under, the law of Louisiana husband and wife are prohibited to testify for or against each other, his testimony assigned as perjury was null and void, and, in consequence, immaterial, and therefore lacking one of the essential elements of legal…