Cowart v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for perjury. Punishment was assessed by the jury at two years.

The record reflects that appellant entered a plea of nolo contendere before the court to an indictment charging him with *614the offense of felony theft in Cause No. 10.842-A in the 42nd Judicial District Court of Taylor County on January 17, 1972. The charge of perjury in the instant case is based upon appellant’s testimony in said felony theft case. The indictment alleges that appellant did “ . . . willfully state and testify that he had never before been convicted of a…