Pahrman

We are asked to free appellant from the effects of a conviction of perjury, because, technically expressed, the assignment of perjury was in solido and the proof failed to establish the falsity of the totality. Stated more plainly, the claim is, that because his testimony was averred to be contrary to the truth in two instances, set out conjunctively, and it developed that only in one instance had he departed from the truth, he has not been shown guilty of the offense charged. This plea does not commend itself to our minds. Appellant, in his opening brief, correctly senses the impression made by his argument when he says:-“ The layman would, perhaps, say that it was all pure technicalities.” His answer to this criticism is: “We must not break down fixed and fundamental principles of law because of the layman’s cry of technicalities.” With this we argee; but it is the part of wisdom nevertheless, when we are confronted by a rule which outrages common sense, to scrutinize it carefully to make sure that it is a fixed and fundamental principle of law, required by the administration of justice, and is not just a phrase worthy of respect on no ground other than its venerable…