Juaraqui v. State
Texas Supreme Court
Appeal from Cameron. The ease was tried before Hon. Edmund J. Davis, one of the district judges. The defendant was indicted for perjury under the 287th Article of the Code. The indictment failed to charge that the accused deliberately and willfully swore falsely, hut attempted to use equivalent words. There was a motion to quash, which was overruled, and the defendant convicted, whereupon he appealed, and the case turned upon the sufficiency of the indictment.
1Opinion of the CourtWheeler, C. J.
—The indictment does not pursue the statutory definition of the offense, or use the words which the statute employs to describe it. (O. & W. Dig., p. 49, Art. 287.) The indictment ought to charge that the defendant “deliberately and willfully” swore falsely. It is always safer to use those words which the legislature has deemed most appropriate to describe the offense than to undertake to substitute others of equivalent meaning.
We think the indictment insufficient, in that it does not aver that the defendant swore falsely.
«The falsity of the statement ought to appear by averment, and not left…
2Cited by8 opinions
- State v. DaySupreme Court of Missouri · 1889
- Fitch v. CommonwealthSupreme Court of Virginia · 1896
- Allen v. StateTexas Supreme Court · 1874
- Burleson v. StateCourt of Criminal Appeals of Texas · 1968
- State v. PerryTexas Supreme Court · 1874
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