Legal Opinion

Higgenbotham v. State

Court of Appeals of Texas

Decided December 16, 1887No. 2759PublishedCited by 3 opinions

Appeal from the District Court of Bains. Tried below before H. W. Martin, Esq., Special Judge. The conviction was for perjury, and the penalty assessed was a term of five years in the penitentiary.

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Appeal from the District Court of Bains. Tried below before H. W. Martin, Esq., Special Judge. The conviction was for perjury, and the penalty assessed was a term of five years in the penitentiary. The State first introduced in evidence the complaint by which the offense of forgery was charged against one Joe Bryant, in that the said Bryant, having received from one Belcher an order on one Cain for one dollar’s worth of goods, erased the word “one” in said order and substituted the word “two.” By agreement of the parties the State next read in evidence the written testimony of A. T. Dykes,…

1Opinion of the Court

Willsox, Judge.

This appeal is from a conviction for perjury alleged to have been committed by the defendant when testifying as a witness before an examining court in a cause wherein the State was plaintiff and one J. W. Bryant was defendant, said Bryant being charged with forgery.

On the trial of this cause, the State read in evidence the complaint in writing and under oath, made by one Dykes, charging J. W. Bryant with forgery, and upon which the prosecution against Bryant, in which prosecution the alleged perjury was committed, was founded; and also read in evidence the testimony of said…

2Cited by3 opinions

  1. State v. JustesenUtah Supreme Court · 1909
  2. Territory of Hawaii v. KawanoHawaii Supreme Court · 1911
  3. Carter v. StateCourt of Criminal Appeals of Texas · 1940

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