Perjury may be committed in any matter or proceeding where the law requires an oath to be taken; for instance, in an affidavit for a continuance of a cause;74 or in swearing wilfully falsely before a grand jury on a material matter under investigation;75 or in making an affidavit for the arrest of another, and the like.76 And it will be none the less perjury in making an affidavit or deposition which was not actually used on the trial of the cause in which it was taken.77

70 Gibson vs. State (Tex. Cr. App.), 15 S. W., 118. 71 Rowe vs. State, 99 Ga., 706;

State vs. Shaw, 117 N. C, 764;

People vs. Turner, 122 Cal., 679; State vs. Matlock, 48 La., 663; U. S. vs. Pattens, 84 Fed., 791. 72 Johnson vs. People, 94 Ill., 513;

Rex vs. Pedley, 1 Leach, 365;

Com. vs. Cornish, 6 Binn. (Pa.), 249.

73 State vs. McKinney, 42 Iowa, 205.

74 Sanders vs. People, 124 Ill., 222. 75 Piper vs. State, 26 Tex. App., 318;

People vs. Greenwell, 5 Utah, 112. 76 Jacobs vs. State, 61 Ala., 448;

State vs. Johnson, 7 Blackf.

(Ind.), 49. 77 State vs. Whittemore, 50 N. H., 245; Shell vs. State, 148 Ind., 50.

Nor can one induce another to commit perjury in a cause or proceeding not yet commenced.78

But perjury cannot be assigned upon an affidavit with a view of applying for some order of court, if no such application had been actually made.79