Torterice

This is an appeal by the defendant from the judgment and from an order denying his motion for a new trial in an action wherein he was convicted of the crime of perjury.

The alleged act of perjury related to an oath, taken by the defendant before a deputy county clerk of Orange Comity, for the purpose of obtaining a license to marry one Jennie Patt. In the information it is alleged that for the stated .purpose the defendant made and subscribed his name to an affidavit which stated, among other things, that Jennie Patt was then of the age of nineteen years; that said affidavit was delivered to said officer by the defendant as true; that the defendant then and there well knew that the statement that said Jennie Patt was of the age of nineteen years was false, and that in fact her age was seventeen years; that the defendant did then and there willfully, unlawfully, knowingly, falsely, and feloniously depose and swear that said Jennie Patt was of the age of nineteen years, well knowing at the time that she was not of the age of nineteen years, but in truth and in fact was of the age of seventeen years; that the marriage license applied for was then and there issued by the deputy…