Hardison v. State

Where, on the trial of one charged with perjury, it appears from the evidence that the defendant, in an extraordinary motion for a new trial, in an effort to obtain a new trial in another criminal case against him, made a false affidavit, the fact that it also appears from the evidence that the trial court overruled the extraordinary motion for a new trial as being insufficient in form and substance would not render the false affidavit immaterial so as to relieve the defendant of the charge of perjury. A test of materiality is whether the alleged false statement could have influenced the…