Mumford v. State

Bramhall, J.:

This appeal relates to the materiality of certain testimony of defendant, based upon which he was indicted for perjury, and to the sufficiency of the allegation of material facts in the indictment.

Defendant was convicted in the Superior Court, in a trial before a judge without a jury, for having committed perjury while testifying as a witness in a former trial, in which he was charged with the crime of issuing worthless checks. At the end of the former trial the court dismissed the indictment because of a variance between the indictment and proof, the indictment charging the…