Legal Opinion

Bell v. State

Court of Criminal Appeals of Texas

Decided December 7, 1921No. 6528Published

Appeal from District Court, Comanche County; J. R. McClellan, Judge. Earl Bell was convicted of perjury, and he appeals.

1Opinion of the CourtHawkins, J.

Conviction is for perjury. Penalty, two years in penitentiary.

Motion to quash the indictment was made for the reason, among others, that there was a failure to aver that the alleged false statement was material to the matter under investigation. The indictment reveals the justness of the criticism, and the Assistant Attorney General confesses error, under authority of Bell v. State, 75 Tex. Cr. R. 401, 171 S. W. 239; Scott v. State, 75 Tex. Cr. R. 396, 171 S. W. 243; Adamson v. State (No. 6425) 234 S. W. 532, opinion delivered November 2, 1921, not yet [officially] reported; Highshaw v.…

2Cases cited2 opinions

  1. Scott v. StateCourt of Criminal Appeals of Texas · 1914
  2. Bell v. StateCourt of Criminal Appeals of Texas · 1914

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