Alleging Perjury

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  1. In an indictment for perjury or subornation of perjury, it is not necessary to set forth in the pleadings either:
    1. Records or proceedings with which the oath is connected; or
    2. The commission or authority of the court or person before whom the perjury was committed.
  2. It is sufficient in a perjury case to give the substance of the controversy or matter in respect to which the offense was committed, in what court or before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned.

Code 1858, §§ 5129, 5130 (deriv. 23 George II, ch. 11); Shan., §§ 7092, 7093; Code 1932, §§ 11637, 11638; T.C.A. (orig. ed.), § 40-1815.

Cross-References. Perjury, title 39, ch. 16, part 7.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 16.19.

Tennessee Jurisprudence, 20 Tenn. Juris., Perjury, §§ 5, 6.

Law Reviews.

The Tennessee Court System — Criminal Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 319.


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