Smith v. State

(After stating the foregoing facts.) An examination of the indictment will show that the alleged false swearing consists of the statement that “all bills incurred for labor and materials used in the construction of said house have been paid in full,” and that the defendant knew that this was false. To authorize a conviction it was necessary for the State to prove these allegations, and that the defendant, knowing that they were false, did absolutely, wilfully and falsely swear that they were true. The motion for a new trial contains a number of grounds, in several of which more than one…