Cravey v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of San Saba. Tried below before Hon. W. M. AllisoN. This appeal is from a conviction for perjury, the punishment being assessed at five years’ imprisonment in the penitentiary. The matters essential to an understanding of the case are sufficiently stated in the opinion.
1Opinion of the Court
JtLUBT, PeesidiNG- Judge.
Conviction for perjury. A motion to quash the indictment was made and overruled. Is the indictment sufficient? These rules are absolute with regard to an indictment for per jury, supposed to have been committed on tbe trial of a case. Tbe indictment must in terms allege that tbe very statement assigned for perjury was material; or, second, it must allege facts which show tbe statement assigned as perjury was material. To allege that tbe main fact — factum probandum — is material will not be sufficient. To allege that a certain fact was material, and assign perjury…
2Cited by3 opinions
- Wynne v. StateCourt of Criminal Appeals of Texas · 1911
- Yardley v. StateCourt of Criminal Appeals of Texas · 1908
- Wynne v. StateCourt of Criminal Appeals of Texas · 1911