Askew v. State

1. An indictment for perjury should specifically allege, and the proof should show, how and wherein the testimony upon which the perjury is assigned was material to the issue in the trial in which the alleged false testimony was delivered.

'2. It is essential, to sustain a conviction of a criminal offense, that it be ' distinctly shown that the alleged offense was committed prior to the suing out of the accusation, or to the finding of the indictment or presentment by the grand jury. The burden is as much upon the State to prove affirmatively that the accusation, indictment, or presentment was…