99-17-33 - Perjury; no variance between "sworn" and "affirmed."
§ 99-17-33. Perjury; no variance between "sworn" and "affirmed."
In prosecutions for perjury, where the indictment charges that the defendant was duly sworn at the time he is averred to have testified falsely, it shall not be a variance if the proof show he was affirmed, and vice versa.
Sources: Codes, 1857, ch. 64, art. 204; 1871, § 776; 1880, § 1605; 1892, § 1437; 1906, § 1510; Hemingway's 1917, § 1268; 1930, § 1291; 1942, § 2534.