Wofford v. State

56 So. 162, 99 Miss. 759

Opinion

Smith, J.,

delivered the opinion of the court.

The fourth instruction, granted by the court at the request of the state, is erroneous. It omits the qualifying-clause that the false swearing must have been intentionally and corruptly done. White v. State, 52 Miss. 216; Railroad Company v. Hedrick, 62 Miss. 28; Railroad Co. v. McCoy, 85 Miss. 391, 37 South. 706; Davis v. State, 89 Miss. 119, 42 South. 541; Bell v. State, 90 Miss. 104, 43 South. 84; Turner v. State, 95 Miss. 879, 50 South. 629; Waldrop v. State, 54 South. 66.

Reversed and remanded.