Legal Opinion

Plummer v. State

Court of Criminal Appeals of Texas

Decided November 13, 1895No. 750PublishedCited by 11 opinions

Appeal from the District Court of Travis. Tried below before Hon. F. G. Morris. This appeal is from a conviction for perjury, the punishment assessed being a term of five years in the penitentiary. • The perjury was alleged to have been committed by defendant as a witness before the grand jury.

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Appeal from the District Court of Travis. Tried below before Hon. F. G. Morris. This appeal is from a conviction for perjury, the punishment assessed being a term of five years in the penitentiary. • The perjury was alleged to have been committed by defendant as a witness before the grand jury. The grand jury were investigating an alleged criminal abortion upon the said Lizzie Plummer, charged to have-been committed on or about the 15th day of June, 1894. Lizzie Plummer was called by the grand jury to testify as a witness at said investigation. She was asked, during her examination as a…

1Opinion of the Court

HURT, Presiding Judge.

Appellant was convicted of perjury, and given five years in the penitentiary. It appears from the record that the grand jury of Travis County had under investigation the matter or the fact as to whether an abortion had been committed or produced upon the body of the appellant, Lizzie Plummer; that she was a witness before the grand jury, and stated under oath that she was not pregnant on a certain day, and had not been pregnant for six months prior thereto. Upon this statement or testimony, perj ury was assigned. We have carefully examined the indictment, and hold it…

2Cited by11 opinions

  1. Ex Parte MetcalfCourt of Criminal Appeals of Oklahoma · 1913
  2. State v. WoolleySupreme Court of Vermont · 1937
  3. Barber v. StateCourt of Criminal Appeals of Texas · 1911
  4. Bell v. StateCourt of Criminal Appeals of Texas · 1942
  5. Blackburn v. StateCourt of Criminal Appeals of Texas · 1913

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