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.
Structure Mississippi Code
§ 99-17-1. Indictments to be tried within 270 days of arraignment
§ 99-17-3. Peremptory challenges; number allowed
§ 99-17-5. Peremptory challenges; joint defendant must agree
§ 99-17-9. Trial in the absence of accused
§ 99-17-11. Only two counsel to a side heard
§ 99-17-13. Variance between indictment and proof; amendment of record and indictment; continuance
§ 99-17-17. Joint defendants are competent witnesses for one another in separate trials
§ 99-17-19. Assaults; insulting words admissible
§ 99-17-20. Capital murder or other crimes punishable by death
§ 99-17-21. Bribery; certain proof not necessary
§ 99-17-23. Dueling; offender compelled to testify against another
§ 99-17-25. Gambling and futures contracts; state not confined to proof of single violation
§ 99-17-29. Lotteries; purchaser of ticket compelled to testify against seller
§ 99-17-31. Offenses affecting legislature; witness denied privilege against self-incrimination
§ 99-17-33. Perjury; no variance between "sworn" and "affirmed."
§ 99-17-35. Instructions to jury
§ 99-17-37. Papers may be carried out by jury
§ 99-17-39. Bills of exceptions; duty of judge to sign
§ 99-17-41. Bills of exceptions; when tendered and signed; incapacity of judge
§ 99-17-43. Bills of exceptions; attorneys may sign if judge refuses
§ 99-17-45. Bills of exception; amendment
§ 99-17-47. New trials; terms directed by court; number limited
§ 99-17-49. New trials; grant or refusal assignable for error