Hitesman v. State

The appellant was convicted in the court below of perjury, and was sentenced to the penitentiary for four years. The court overruled^ motions for a new trial and in arrest of judgment, and these rulings are assigned for error.

It is claimed that the court erred in giving instructions to the jury. The first instruction complained of is in these words:

“ It is necessary that the jury shall be satisfied, beyond a reasonable doubt, that the defendant was sworn before giving the evidence on which he is charged with having committed perjury; but it being the uniform rule and custom in the courts to…