Pendleton v. State

Appellant was charged by indictment with the crime of perjury under Acts 1927, eh. 203, §8, p. 580, being §10-3802, Burns’ 1956 Replacement, tried by the court without the intervention of a jury, found guilty as charged, and sentenced accordingly.

Two questions are presented for our consideration: (1) Is the evidence sufficient to sustain the decision of the trial court? and (2) Did the court err in overruling appellant’s motion for discharge?

Appellant asserts that the evidence is not sufficient to establish the fact of false swearing.

Section 10-3802, supra, provides, in pertinent part, as…