State v. Burtchett

HOUSER, Commissioner.

This is an appeal from a judgment convicting Logan Burtchett of perjury and sentencing him to 2 years’ imprisonment.

The information upon which this case was tried is fatally defective. The information was drawn under § 557.010, RSMo 1969, V.A.M.S.:

“Every person who shall willfully and corruptly swear, testify or affirm falsely to any material matter, upon any oath or affirmation, or declaration, legally administered, in any cause, matter or proceeding, before any court, tribunal or public body or officer, and whoever shall falsely, by swearing or affirming, take any oath…