Kirkland v. State

Bell, Chief Judge.

The defendant was convicted of perjury in violation of Code § 26-2401. The only issue raised on appeal concerns the sufficiency of the evidence. Held:

1. One of the essential elements of this offense is that "a lawful oath” be administered to defendant in a judicial proceeding. Defendant contends that this was not established by the evidence. A witness for the state testified that at defendant’s prior trial for burglary, defendant was called as a witness and in substance was asked by his counsel "if he solemnly swore to tell the truth, the whole truth, and nothing but the…