Legal Opinion

Waters v. State

Court of Appeals of Texas

Decided October 24, 1891No. 3836PublishedCited by 10 opinions

Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. This appeal is from a conviction in the court below for perjury, and punishment assessed at five years in the penitentiary.

Read the full summary

Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackburn. This appeal is from a conviction in the court below for perjury, and punishment assessed at five years in the penitentiary. The charging portion of the indictment is as follows: “That J. H. Waters, late of the county of Bell, on the 5th day of November, in the year of our Lord one thousand eight hundred and ninety, with force and arms, in the county of Bell and State of Texas, did then and there make his personal appearance before J. J. Lowery, the said J. J. Lowery being then and there a justice of the peace…

1Opinion of the Court

WHITE, Presiding Judge.

A motion to quash the indictment in this case contained nine grounds of objection to its validity and sufficiency. The first two refer to the allegation with reference to the officer before whom the alleged false affidavit was made. In the first, it is objected that the indictment fails to show that the officer was authorized by law to administer oaths. This objection is answered fully by the allegation, that “He (the said J. J. Lowery) was then and there duly and fully authorized by law to administer oaths.” „ It had been previously alleged that said J.. J. Lowery was…

2Cases cited2 opinions

  1. State v. BuckleyOregon Supreme Court · 1889
  2. State v. PetersTexas Supreme Court · 1874

3Cited by10 opinions

  1. Yarbrough v. StateSupreme Court of Florida · 1920
  2. State v. WoolleySupreme Court of Vermont · 1937
  3. Goodwin v. StateCourt of Criminal Appeals of Texas · 1913
  4. McDaniel v. StateAlabama Court of Appeals · 1915
  5. Goodwin v. StateCourt of Criminal Appeals of Texas · 1913

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API