Busby v. State

Appellant was convicted of perjury, and his punishment fixed at two years confinement in the penitentiary. Motion was made by appellant to quash the indictment, because it does not show from its tenor and effect that the testimony given by defendant on the trial in which he is charged with having committed perjury was material to the issue of said trial. The indictment shows appellant, while being tried for theft in the County Court of Delta County, took the stand as a witness in his own behalf, and on cross-examination he was asked, among other questions: If he had not been indicted and…