State v. . Sinodis

The evidence appearing on the record is not sufficient to carry the case to the jury on the issue of perjury. S. v. Hawkins, 115 N. C., 712, 20 S. E., 623. It is true, the testimony of Sam Yail may inferentially be in conflict with that of the defendant, but he does not say the defendant testified falsely before the justice of the peace. This is not enough on an indictment for perjury. S. v. Gates, 107 N. C., 832, 12 S. E., 319; S. v. Peters, 107 N. C., 876, 12 S. E., 74; 21 R. C. L., 259.

After losing his case before the justice of the peace and without appealing, Yail testifies: “I indicted…