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STATE v. SWISHER

No. 43257.

260 S.W.2d 6 (1953)

STATE v. SWISHER.

Supreme Court of Missouri, en Banc.

July 13, 1953.

Attorney(s) appearing for the Case

Hobson Hoar, Melvin J. Duvall, St. Joseph (Henry R. Gannan, St. Joseph, on the brief), for appellant.

J. E. Taylor and John M. Dalton, Attys. Gen., James W. Faris, W. Brady Duncan and W. Don Kennedy, Asst. Attys. Gen., for respondent.

DALTON, Judge.

Defendant was tried and convicted of perjury and sentenced to two years imprisonment in the state penitentiary. Sections 557.010 and 557.020. All section references herein are to RSMo 1949 and V.A.M.S. He has appealed. The principal issue on appeal is the materiality of the matter as to which he swore falsely. Portions of a prior divisional opinion will be used without quotation marks.

The information charged that on or about March 24, 1951...

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