Legal Opinion

King v. State

Court of Criminal Appeals of Texas

Decided November 29, 1893No. 802PublishedCited by 9 opinions

Appeal from the District Court of McLennan. Tried below before Hon. E. R. Scott. A copy of the indictment will show the nature of the most important points involved, as well as the facts which were sustained by the evidence, without the necessity of reproducing the testimony.

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Appeal from the District Court of McLennan. Tried below before Hon. E. R. Scott. A copy of the indictment will show the nature of the most important points involved, as well as the facts which were sustained by the evidence, without the necessity of reproducing the testimony. Omitting formal averments, the indictment charged, “ that on or about 2nd day of December, in the year of our Lord, 1892, and before the presentment hereof, in the county and State aforesaid, in the District Court of said county, then in session, and of which said court the Hon. L. W. Goodrich was then and there the…

1Opinion of the Court

DAVIDSON, Judge.

Appellant was allotted a term of five years in the penitentiary for the crime of perjury.

1. The perjury was assigned upon defendant’s testimony on his trial for swindling a bank in Waco by means of a certain draft, and on which trial he testified that he was not in Waco at the time the money was obtained, but was in the city of Fort Worth. The draft was set out in this indictment, and also offered in evidence on the trial. Objection was urged to it because of a variance. If it be true there was a variance, it was immaterial in this case, because the allegations pertaining to…

2Cited by9 opinions

  1. Turner v. StateCourt of Criminal Appeals of Texas · 1987
  2. Parish v. PittsSupreme Court of Arkansas · 1968
  3. Threadgill v. StateCourt of Criminal Appeals of Texas · 1933
  4. Leech v. StateCourt of Criminal Appeals of Texas · 1911
  5. Cummings v. StateCourt of Criminal Appeals of Texas · 1920

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