Tellis v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of El Paso. Tried below before. Hon. A. M. Walthall. Appeal from a conviction of perjury; penalty, two years imprison-, ment in the penitentiary. The grand jury of El Paso County were investigating the -ease of Edelberto Garcia, accused of the murder of one Ed O’Connor, at the Cafe saloon, at 7:30 p. m. on the 1st day of October, 1899, by shooting him with a pistol.
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Appeal from the District Court of El Paso. Tried below before. Hon. A. M. Walthall. Appeal from a conviction of perjury; penalty, two years imprison-, ment in the penitentiary. The grand jury of El Paso County were investigating the -ease of Edelberto Garcia, accused of the murder of one Ed O’Connor, at the Cafe saloon, at 7:30 p. m. on the 1st day of October, 1899, by shooting him with a pistol. Appellant, who is a woman, appeared and was sworn and testified as a witness in the investigation before said grand jury. She swore to a perfect and complete alibi for the accused, Garcia, to the…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of perjury, and her punishment assessed at two years confinement in the penitentiary.
Appellant moved to quash the indictment, which was in several counts, on the ground that the same stated no offense against the laws of this State, because it does not show or allege that E. Garcia committed any act of criminal offense while at said Cafe saloon, which was being investigated before the grand jury, wherefore the language alleged to have been used by appellant was immaterial, and not the subject of inquiry so that perjury could be assigned thereon; and,…
2Cases cited4 opinions
- Trotter v. StateCourt of Criminal Appeals of Texas · 1896
- Shannon v. StateCourt of Criminal Appeals of Texas · 1894
- Buller v. StateCourt of Criminal Appeals of Texas · 1894
- Obenchain v. StateCourt of Criminal Appeals of Texas · 1896
3Cited by7 opinions
- Allbright v. SmithTexas Commission of Appeals · 1928
- Groszehmigem v. StateCourt of Criminal Appeals of Texas · 1909
- Johnson v. StateCourt of Criminal Appeals of Texas · 1906
- Carter v. StateCourt of Criminal Appeals of Texas · 1940
- Hall v. PickettCourt of Appeals of Texas · 1928
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