OPINION
DALLY, Commissioner.
The conviction is for perjury; the punishment, two years imprisonment.
The appellant had been indicted and tried for the alleged offense of assault with intent to commit murder upon his estranged wife. The charge of perjury in this case is based upon the appellant's testimony in the assault case. It is alleged and assigned that the appellant "Did ... testify that he had never seen the pistol, State's Exhibit No. 1, prior...
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