Lee v. State
Lee v. State
Opinion of the Court
delivered the opinion of the court.
From a conviction for the crime of perjury this apr peal is prosecuted. A careful search of the record fails-to discover any evidence tending to corroborate the evidence of the one witness testifying against appellant. It is true that much evidence was given to show that
The issue was: Did the state’s witness say what appellant swore he said? The witness testified that he did not, and his testimony was offset by appellant’s testimony; and in order to make out its case the state was bound to produce a witness or corroborating circumstances to aid the evidence of its witness. This was not done.
Reversed and remanded.
Reference
- Full Case Name
- Rosa Lee v. State
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Criminal Law- Perjury. Proof. Corroboration. In a prosecution for perjury, the state in order to make out its case must produce two witnesses or one witness with corroborating circumstances to aid the evidence of such witness as to the false swearing charged.