Washington v. State
Court of Appeals of Texas
Appeal from the District Court of Bexar. Tried below before the Hon. G. H. Noonan. A term of five years in the penitentiary was the term assessed against the appellant, upon his conviction for perjury, under an indictment, the charging part of which reads as follows: “* * * * that William Washington, on the thirteenth day of thé month of May, in the year of our Lord 188(5, in said county of Bexar and State of Texas, in the District Court of said county, then in session, and…
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Appeal from the District Court of Bexar. Tried below before the Hon. G. H. Noonan. A term of five years in the penitentiary was the term assessed against the appellant, upon his conviction for perjury, under an indictment, the charging part of which reads as follows: “* * * * that William Washington, on the thirteenth day of thé month of May, in the year of our Lord 188(5, in said county of Bexar and State of Texas, in the District Court of said county, then in session, and of which said court George H. Noonan was then and there the legally qualified judge, there was pending a certain…
1Opinion of the Court
Willson, Judge.
It is sufficient allegation, in an indictment for perjury, that the alleged false statement was material to the issue on trial, without setting out the facts which show its materiality. (Massie v. The State, 5 Texas Ct. App., 81; Mattingly v. The State, 8 Texas Ct. App., 345.) In this case the indictment *32contains the general allegation of materiality, and in all respects we hold the indictment to be a good one.
Opinion delivered October 16, 1886.
As to the materiality of the alleged false statements, we think it was made apparent by the evidence. These false statements were…
2Cited by5 opinions
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1980
- Coleman v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Ex Parte MetcalfCourt of Criminal Appeals of Oklahoma · 1913
- Jones v. StateCourt of Criminal Appeals of Texas · 1915
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1913