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STATE v. ALLEN

No. 73.

132 S.E.2d 302 (1963)

260 N.C. 220

STATE of North Carolina v. Charles ALLEN.

Supreme Court of North Carolina.

September 18, 1963.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., James F. Bullock, Asst. Atty. Gen., for the State.

Williams, Williams & Morris by James N. Golding, Asheville, for defendant-appellant.

PER CURIAM.

Even if we conceded that the variance between the bill of indictment and the proof is not fatal, the evidence in this case does not meet the legal requirements for a conviction of perjury. In a prosecution for perjury the falsity of the oath must be established by the testimony of two witnesses, or by one witness and corroborating circumstances. State v. Sailor, 240 N.C. 113,...

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