[1] Criminal Law — Perjury ■—False Testimony in Damage Action—Materiality.—False testimony given by the husband in an action for damages for personal injuries to the wife on the material issue as whether she was able to perform her household duties after the accident in which the injuries were received forms a sufficient basis for a charge of perjury.

[2] Id.—Bule as to Materiality op Testimony.—The matter sworn to need not be directly and immediately material, but it is sufficient if it be so connected with the fact directly in issue as to have a legitimate tendency to prove or disprove such fact by giving weight or probability to the testimony of a witness testifying thereto, or otherwise.

[3] Id.—Perjury of Husband—Action for Personal Injuries to Wife—Evidence—Negation of Testimony.—In a prosecution of a husband for false testimony given in an action for personal injuries to the wife on the issue as to whether the plaintiff was able to perform her domestic duties after the injuries, the prosecution was not required to prove that the wife did not actually need a nurse.

[4] Id.—Instruction—Reading of Indictment.—Where in a prosecution for perjury the jury was specifically instructed that the indictment did not constitute any evidence of guilt and that no juror should permit himself to be influenced by it, it was not error to read the indictment in an instruction stating the charge.

1. Indictments for perjury, note, 124 Ann St. Rep. 654,

[5] Id.—Materiality of Testimony—Determination Unaffected by Instruction.—In a prosecution for perjury, the reading of the indictment in an instruction is not to be taken as having the effect of leaving to the jury the determination of the materiality of the alleged perjurious matter.

[6] Id.—Belief in Nonexistent Fact — Knowledge of Nonexistence — False Testimony.—If a witness swears willfully and falsely to a belief in the existence of a fact which does not exist and which he knows does not exist, his testimony may be made the basis of a prosecution for perjury.

[7] Id.—Evidence—Proof of 'Crime.—Perjury must be proved by the testimony of two witnesses or one witness and corroborating circumstances.

[8] Id.—Insufficiency of Evidence.—In this prosecution for perjury, there was not a sufficient corroboration of the charge in view of the admissions made by the main witness for the prosecution, which made her an accomplice.

7. Number of witnesses and corroborative evidence necessary to support conviction for perjury, notes, 6 Ann. Cas. 812; 15 A. L. K. 634.