Persons deemed to have been lawfully sworn, when.

492.060. In all cases in which an oath or affirmation isrequired or authorized by law, every person swearing, affirmingor declaring, in whatever form, shall be deemed to have beenlawfully sworn, and to be guilty of perjury for corruptly andfalsely swearing, affirming or declaring, in the same manner asif he had sworn by laying his hand on the gospels and kissingthem.

(RSMo 1939 ยง 1886)

Prior revisions: 1929 ยง 1722; 1919 ยง 5409; 1909 ยง 6353

(1986) The failure of a court to accept testimony of witness who refuses to swear or affirm, but is willing "to declare that he would testify subject to the penalty of perjury" held reversible error. State v. Spulak, 720 S.W.2d 396 (Mo.App.S.D.).