Faulkner v. State

HAWKINS, Judge.

Conviction is for false swearing, punishment being two years in the penitentiary.

In 1913 appellant acquired by patent a tract of land situated in New Mexico on which he and his wife lived for a time. In May, 1927, his wife was not living with him and had not been for some time. A prospective buyer for the land, acting under the advice of an attorney, required an affidavit from appellant regarding his wife before accepting conveyance. He made an affidavit that his wife 'had died in the State of Illinois in January, 1916. On the alleged falsity of that statement this prosecution…