Faubion v. State

BERRY, Judge.

The offense is false swearing, and the punishment is five years in the penitentiary.

The point is made by the appellant that the notary public, Miss Frankie Gober, who took appellant’s affidavit to the instrument on which the charge of false swearing is predicated, was not a duly qualified notary public. The record shows that on the 1st day of June, A. D. 1923, the Governor of Texas issued a commission to Miss Gober, wherein she was appointed to the office of notary public. The record further discloses that she did not take the oath of office and did not make bond until January…