Rosebud v. State

HENDERSON, Judge.

Appellant was convicted of perjury, and his punishment fixed at three years confinement in the penitentiary, hence this appeal.

• Appellant made a motion to quash the indictment because the materiality of the alleged false testimony was not charged in the indictment. It appears that the perjury was predicated on what the witness Pink Eosebud swore to in the application for new trial, in the case of the State of Texas v. Ed McIntyre, charged with an -assault with intent to murder, and who had been convicted for said offense. The portion of said motion constituting the…