Legal Opinion

Clayton v. State

Court of Criminal Appeals of Texas

Decided November 24, 1915No. 3750PublishedCited by 9 opinions

Appeal from the District Court of Fayette. Tried below before the Hon. Frank S. Koberts. Appeal from a conviction of perjury; penalty, five years confinement in the penitentiary.

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Appeal from the District Court of Fayette. Tried below before the Hon. Frank S. Koberts. Appeal from a conviction of perjury; penalty, five years confinement in the penitentiary. The court gave the following reasons for not permitting the witnesses Kieh Henderson, Will Zachary, and Will Stewart to testify, in his qualification of defendant’s bill of exceptions: “The above named witnesses were in the courtroom at the time counsel for defendant invoked the rule; all other witnesses were placed under the rule, and were retired from the courtroom under proper instructions, and after the State…

1Opinion of the Court

Appellant was convicted of perjury, and his punishment assessed at five years confinement in the State penitentiary.

It appears that one Rich Henderson was tried in the County Court on an information containing two counts, one charging that on the 11th day of November, 1913, the said Henderson did unlawfully bet and wager money at a game played with cards; the other count charging that Henderson did knowingly go into and remain at a place where a game of cards was being played. On the trial of that case it is alleged that appellant testified that there was no card playing going on in the room…

2Cases cited5 opinions

  1. Hollywood v. WellhausenCourt of Appeals of Texas · 1902
  2. Johnson v. StateTexas Supreme Court · 1874
  3. Muldrew v. StateCourt of Criminal Appeals of Texas · 1914
  4. City of Laredo v. RussellTexas Supreme Court · 1882
  5. Wyvias v. StateCourt of Criminal Appeals of Texas · 1911

3Cited by9 opinions

  1. Webb v. StateCourt of Criminal Appeals of Texas · 1989
  2. Daniels v. StateCourt of Criminal Appeals of Texas · 1975
  3. Cotton v. StateCourt of Criminal Appeals of Texas · 1922
  4. Welch v. StateCourt of Criminal Appeals of Texas · 1921
  5. Abeyta v. PeopleSupreme Court of Colorado · 1960

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