Legal Opinion

Anderson v. State

Court of Appeals of Texas

Decided December 8, 1886PublishedCited by 18 opinions

Appeal from the District Court of Henderson. Tried below before the Hon. F. A. Williams. The conviction in this case was for perjury, and the penalty assessed against the appellant was a term of five years in the penitentiary. G-. N. Adams was the first witness for the State.

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Appeal from the District Court of Henderson. Tried below before the Hon. F. A. Williams. The conviction in this case was for perjury, and the penalty assessed against the appellant was a term of five years in the penitentiary. G-. N. Adams was the first witness for the State. He testified that he held the office of justice of the peace of precinct number one, of Henderson county, Texas, on the thirtieth day of November, 1882, on which day the case of the State of Texas v. Green Wright, for carrying a pistol, was tried before him; That prosecution was upon complaint and information, and was…

1Opinion of the Court

Hurt, Judge.

One Green Wright was tried before a justice of the peace for carrying a pistol, on or about his person. The-trial was had upon a complaint, and upon the hearing appellant was a witness, and, being charged with giving false testimony, was indicted and convicted of perjury.

There is evidence in the record strongly tending to prove that the complaint was not sworn to. This being the case, it is insisted that the court should have instructed the jury that, if they had a, reasonable doubt as to whether the complaint was sworn to, they should acquit the defendant. Concede the fact that…

2Cited by18 opinions

  1. McElwee v. StateCourt of Criminal Appeals of Texas · 1979
  2. State v. BrownSupreme Court of Iowa · 1905
  3. Mixon v. StateCourt of Criminal Appeals of Texas · 1896
  4. Hamblin v. StateCourt of Criminal Appeals of Texas · 1895
  5. Ex parte HayesCourt of Appeals of Texas · 1996

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