West v. State
Court of Appeals of Texas
Appeal from the District Court of Uvalde. Tried below before the Hon. T. M. Paschal. The indictment was founded on testimony of the appellant before the grand jury. It is quite lengthy, and as it. could serve no good purpose as a precedent, no occasion for its insertion is perceived. Five years in the penitentiary were allotted as the punishment of the appellant.
1Opinion of the CourtWinkler, J.
This appeal is from a judgment of conviction for perjury, under art. 287 of the Penal Code (art. 188 of the Revised Penal Code). We quote and approve the following extract from the opinion of the Supreme Court in The State v. Peters, as applicable to the question of the sufficiency of the indictment in the case now under consideration : “ The essential constituents of the crime of perjury, as defined by the Criminal Code, are : —
“1. The making of a false statement, either written or Verbal.
“2. Said statement must be deliberately and wilfully made.
“3. It must relate to something past or…
2Cases cited3 opinions
- State v. PetersTexas Supreme Court · 1874
- Allen v. StateTexas Supreme Court · 1874
- State v. PerryTexas Supreme Court · 1874