Biard v. State

BROOKS, Judge.

Appellant was convicted of perjury, and his punishment assessed at five years confinement in the penitentiary.

The statement of facts show, in substance, that appellant, in conjunction with others, was arrested for assault with intent to murder, and after they had waived their examining trial, appellant was requested and did make a voluntary statement, which statement was sworn to by him, and upon this statement perjury is predicated.

The indictment among other things, contains the following: “* * * wherein issue' was duly joined between the said State of Texas and said Bub…