Brown v. State
Court of Appeals of Texas
Appeal from the District Court of Lampasas. Tried below before the Hon. W. A. Blackburn. The perjury charged in the indictment consisted in the appellant’s denial, when a witness before the grand jury, that he had seen any gaming in Lampasas County during the preceding six months. Being found guilty, his punishment was assessed at five years in the penitentiary.
1Opinion of the CourtClark, J.
The particularity requisite in an indictment for perjury at common law has not obtained in this State since the adoption of the Codes in 1856, and it is only held necessary that the indictment should set forth the offence in plain and intelligible words; by which is meant that each of the essential constituents of the offence, as defined by the Code, should plainly appear on the face of the indictment. Introductory matter, by way of predicate for the averment of the facts which constitute the offence, such as refer to the tribunal in which the false testimony was given and its authority to…
2Cases cited2 opinions
- State v. DukeTexas Supreme Court · 1874
- Allen v. StateTexas Supreme Court · 1874