Highsaw v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Knox; Tried below before the Honorable J. H. Milam. Appeal from a conviction of perjury; penalty, two years imprisonment in the penitentiary. The opinion states the case. Conceded error and cited cases in opinion.
1Opinion of the Court
MORROW, Presiding Judge.
Conviction is for perjury. The .judgment must be reversed and the prosecution dismissed because the indictment is wanting in an essential requisite in that there is no sufficient averment charging the materiality of the alleged false testimony. The indictment is not in any material sense different from that before the court in the case of Bell v. State, 75 Texas Crim. Rep., 401, 171 S. W. Rep., 239 and Scott v. State, 75 Texas Crim. Rep., 396, 171 S. W. Rep., 243.
The motion to quash the indictment was overruled. As we understand the record, it was shown that the grand…
2Cases cited4 opinions
- Ogle v. StateCourt of Criminal Appeals of Texas · 1901
- Ex Parte ReynoldsCourt of Criminal Appeals of Texas · 1896
- Scott v. StateCourt of Criminal Appeals of Texas · 1914
- Bell v. StateCourt of Criminal Appeals of Texas · 1914
3Cited by1 opinion
- Bell v. StateCourt of Criminal Appeals of Texas · 1921