Marion v. State

In an indictment for perjury it must appear how and in what manner the testimony alleged to be false was in fact material in the trial of the issue when the testimony was delivered. Herndon v. State, 17 Ga. App. 558 (87 S. E. 812); Buff v. State, 17 Ga. App. 337 (86 S. E. 784); Broadwater v. State, 10 Ga. App. 458 (5) (73 S. E. 691). See also Askew v. State, 3 Ga. App. 79 (59 S. E. 311); Black v. State, 13 Ga. App 541 (79 S. E. 173); Hembree v. State, 52 Ga. 242. And in such an indictment an allegation that the defendant swore, “I have not cohabited with my wife or lived with her since she…