Emery v. State

DAVIDSON, Presiding Judge.

The appellant was convicted for perjury, his punishment being assessed at two years confinement in the penitentiary.

The facts show that appellant was a witness in the case of Thompson v. State, who, during his trial for the crime of rape, used the defendant as a witness, who testified to certain facts upon which the perjury alleged in the indictment is based. Appellant’s contention is that he is not guilty of perjury, conceding his testimony to be false. The facts show that Thompson, defendant in the rape case, was on bail; that during the trial and after the first…