Plummer v. State

The defendant, on the one hand, contends that the allegations of the indictment set forth the offense of perjury; and, on the other hand, the State contends that the indictment sets forth the offense of false swearing. Code § 26-4003 defines false swearing as follows: “False swearing shall consist in wilfully, knowingly, absolutely, and falsely swearing, either with or without laying the hand on the Holy Evangelist of Almighty God, or affirming in any matter or thing, other than a judicial proceeding, by a person to whom a lawful oath or affirmation has been administered.”

Code § 26-4001…