Gauthier v. State

OPINION

DALLY, Commissioner.

The conviction is for perjury; the punishment, two years imprisonment.

The appellant had been indicted and tried for the alleged offense of assault with intent to commit murder upon his estranged wife. The charge of perjury in this case is based upon the appellant’s testimony in the assault case. It is alleged and assigned that the appellant “Did . testify that he had never seen the pistol, State’s Exhibit No. 1, prior to the shooting in Zale’s Jewelry Store on December 18, 1970; and he did not bring such pistol to the said store, and that he saw the pistol for the…