Castro v. State

HAWKINS, Judge.

Conviction is for perjury, punishment being two years in the penitentiary.

In the indictment it was alleged in appropriate language that there was pending in the District Court of Bee County an indictment charging appellant with burglary; that, when the case was called for trial he filed his application for a suspended sentence in which he swore that he had “never before been convicted of a felony in this or any other state.” Such statement was traversed by the averment that in truth appellant had theretofore been convicted of a felony in the “District Court,” of Kleberg County,…