CHAPTER XXVII.

 

PERJURY.

 

CONTENTS.

 

SECTION 1.  Perjury defined

2.   Assent or dissent expressed by an evident sign.

3.   Oath must be administered by one duly authorized.

4.   Material facts in respect to perjury.

5.   A false statement by a witness of his belief, best recollection, knowledge.

6.   A true statement made to convey a false meaning.

7.   It is not necessary that the false statement be credited.

8.   An erroneous statement through mistake.

9.   Retraction and correction of false statement.

10.  Perjury in the first degree—Punishment.

11.  Perjury in the second degree—Punishment.

12.   Subornation of perjury.

13.   Incompetency of perjurer as a witness, etc.

 

1.  Perjury is willfully, knowingly and falsely stating, verbally or in writing, some material fact on oath, either with or without laying the hand on the bible, where the oath is required by, law, or the requiring of it is authorized by law.

 

2. An assent to, or denial of a fact, is stating a fact; within the meaning of the preceding section. As, for example, by replying yes or no to a question, or by using some other evident sign of assent or dissent.

 

3. It is requisite to constitute perjury’ that the oath should be duly administered by one having legal authority to administer the same either in person or through an interpreter.

 

4.     A material fact in respect to perjury is one that is pertinent to, and affects, or may or might affect the matter in question, as being distinguished from impertinent, idle, irrelevant or insignificant facts.

 

5.  A false statement willfully and knowingly made by a witness or deponent of his belief; recollection, best recollection, knowledge or impression, of a material fact, is perjury, within the meaning of the first section.

 

6.  A statement, though it be literally true, if it is made to convey a false meaning, and is understood in such sense, is perjury, within the meaning of the first section.

 

7.  It is not necessary to perjury that the false statement should be credited or have weight.

 

8.  If a witness make an erroneous statement through mistake, it is not perjury.

 

9.  If a witness having falsely stated a fact, shall, pending the trial or occasion, voluntarily, and without solicitation, question suggestion leading thereto, retract and correct such false statement in time to prevent prejudice or injury therefrom, he shall not be subject to prosecution or punishment therefor.

 

10.  Whoever commits perjury on a complaint or proceeding against or trial of any one for a crime subject to capital punishment, evidently tending to charge him with, or convict him of such crime, in case he shall be charged with or convicted of the same, is guilty of perjury in the first degree, and shall be punished by imprisonment at hard labor for life or any number of years, in the discretion of the court.

 

11.  Whoever commits any perjury of a character differing from that defined in the preceding section, is guilty of perjury in the second degree, and shall be punished by imprisonment at labor not more than ten years.

 

12.  Subornation of perjury is the willfully and corruptly procuring another to commit perjury; and whoever is guilty of the same shall be subject to the punishment above prescribed for perjury in the same degree.

 

13.  Whoever shall be convicted of perjury in either degree, or subornation of perjury, shall be rendered incompetent as a witness, and subject to civil disqualification.