Clay v. State

BROOKS, Judge.

Appellant was convicted of perjury, and his punishment assessed at two years confinement in the penitentiary.

Appellant’s first ground of his motion for a new trial is, that the court erred in failing to define to the jury the meaning of the term “deliberately.” The court did tell the jury, however, that if they found from the evidence that he made through inadvertence or under agitation or by mistake the statement upon which the perjury is predicated, to find him not guilty. Furthermore, the charge says a false statement made through inadvertence or under agitation or by mistake…