Legal Opinion

Beach v. State

Court of Criminal Appeals of Texas

Decided June 3, 1893No. 45PublishedCited by 22 opinions

This is an appeal from a conviction for perjury, wherein the punishment assessed against appellant was five years confinement in the penitentiary.

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This is an appeal from a conviction for perjury, wherein the punishment assessed against appellant was five years confinement in the penitentiary. The perjury was assigned, by the indictment, upon an application for continuance made by appellant in a certain cause pending in the County Court of Erath County, wherein appellant was charged, by indictment, with carrying on and about his person a pistol on or about the night of the 31st of October, 1888. The application for continuance, which was set out in the indictment, is as follows: 11 The State of Texas v. Lute Beach—No. 556: In the County…

1Opinion of the Court

SIMKINS, Judge.

Appellant was convicted of perjury, and his punishment assessed at five years confinement in the penitentiary, from which he appeals.

1. The appellant complains that the court erred in permitting the State’s witness to testify, that in swearing to the application for continuance, upon which the perjury was assigned, he swore that the facts therein set forth were true to the best of his knowledge and belief, for the reason that there was no allegation to that effect in the indictment. It is wholly immaterial whether appellant swore to the truth of the facts set forth according to…

2Cases cited1 opinion

  1. United States v. WoodSupreme Court of the United States · 1840

3Cited by22 opinions

  1. Allen v. United StatesCourt of Appeals for the Fourth Circuit · 1912
  2. Manning v. StateCourt of Criminal Appeals of Texas · 1904
  3. Hutcherson v. StateCourt of Criminal Appeals of Texas · 1894
  4. Ex Parte MetcalfCourt of Criminal Appeals of Oklahoma · 1913
  5. Bell v. StateCourt of Criminal Appeals of Texas · 1942

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