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HOGAN v. STATE

No. 56724.

516 So.2d 474 (1987)

Otha D. HOGAN, Jr. v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied January 6, 1988.

Attorney(s) appearing for the Case

Bobby J. Garraway, Lumberton, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by Charles W. Maris, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

EN BANC.

HAWKINS, Presiding Justice, for the Court:

Otha D. Hogan, Jr., appeals from a conviction of perjury in the circuit court of Lamar County and sentence to five years' imprisonment. The issue we address on this appeal is whether two mutually contradictory statements under oath can support a conviction for perjury under Miss. Code Ann. § 97-9-59 (1972). We hold that it can, but only in certain cases where the State is unable to offer additional proof of falsity....

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