McMurtry v. State

HENDERSON, Judge.

Appellant was convicted of perjury, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.

As appellant made a motion to quash the indictment, we will set out such parts thereof as are necessary to a discussion of the questions raised on said motion. The perjury, as set out in the indictment, is predicated upon the alleged false testimony of W. A. McMurtry before the grand jury of Clay County, Texas, at its March term, 1897. The indictment charges that J. D. Stine was the foreman of said grand jury, and administered the oath…