Legal Opinion

Frazier v. State

Court of Criminal Appeals of Texas

Decided March 1, 1911No. 1010PublishedCited by 2 opinions

The indictment alleged that the perjury grew out of a prosecution against defendant’s son wherein the latter was charged for malicious and wilful burning of certain personal property, to wit, seed cotton, and the gravamen of the indictment charged that the defendant swore on said trial of his said son that he had not agreed to pay the said owner of the cotton $60 for the pile of cotton in said information alleged to have been burned by his said son, which said statement was…

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The indictment alleged that the perjury grew out of a prosecution against defendant’s son wherein the latter was charged for malicious and wilful burning of certain personal property, to wit, seed cotton, and the gravamen of the indictment charged that the defendant swore on said trial of his said son that he had not agreed to pay the said owner of the cotton $60 for the pile of cotton in said information alleged to have been burned by his said son, which said statement was material, etc.; whereas in truth and in fact the' defendant had agreed to pay for said cotton, etc., and that said…

1Opinion of the Court

HARPER, Judge.

—Appellant was charged by indictment with the offense of perjury in the District Court of Jackson County, Texas. On a trial he was convicted and sentenced to a two-year term in the penitentiary.

The Assistant Attorney-General has filed a motion to strike out the statement of facts sent up as a part of the record. The statement of facts was filed more than thirty days after the adjournment of court, and upon application requesting further time the judge of the court entered an order refusing an extension of time. This is a matter within his discretion, and the motion of the…

2Cases cited2 opinions

  1. Wright v. StateCourt of Criminal Appeals of Texas · 1897
  2. Steber v. StateCourt of Appeals of Texas · 1887

3Cited by2 opinions

  1. Mitchell v. StateCourt of Criminal Appeals of Texas · 1980
  2. Sessions v. StateCourt of Criminal Appeals of Texas · 1917

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