Hardy v. State

I respectfully disagree with the majority’s conclusion that the evidence is legally insufficient to support appellant’s conviction. Under the Penal Code, a person commits perjury if he makes a false statement under oath with the intent to deceive and with knowledge of the statement’s meaning. Tex. Penal Code Ann. § 37.02(a)(1) (Vernon 2003). While “oath” is not statutorily defined, it has been defined as “a pledge to act in a truthful and faithful manner.” Martin v. State, 896 S.W.2d 336, 339 (Tex.App.-Amarillo 1995, no pet.).

The majority found the State failed to prove that Joslin’s…