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.Codes, 1857, ch. 64, art. 204; 1871, § 776; 1880, § 1605; 1892, § 1437; 1906, § 1510; Hemingway's 1917, § 1268; 1930, § 1291; 1942, § 2534.
Mississippi Legal Code