Smith v. State

The defendant was convicted of false swearing and excepted to the overruling of his motion for new trial.

In making an application for a marriage license to marry Mary Willie Lee, the defendant, upon being asked by the ordinary had he been married before, answered under oath that he had not. Upon this answer, the defendant was convicted of false swearing, on the theory that at the time he gave this answer he had previously married Louise Grier and that this marriage was undissolved. It appears from the evidence, which includes various marriage certificates and applications issued by and made…