Dodson v. State

The indictment in this case is, in my opinion, fatally defective. I therefore enter my dissent to its approval.

It has so long been the established law of this state that it is now axiomatic that for one to be guilty of the crime of perjury by the giving of false testimony before a grand jury the false testimony must be material to the matter under investigation. 32 Texas Jur., Sec. 6, p. 785; McVicker v. State, 52 Texas *292Cr. R. 508, 107 S.W. 834; Weaver v. State, 34 Texas Cr. R. 554, 31 S.W. 400; Brooks v. State, 29 Texas App. 582, 16 S.W. 542.

It is equally well settled that the indictment in…