Luna v. State
Court of Criminal Appeals of Texas
The charging part of the indictment is as follows, viz: “That D. O. Luna on or ábout the 5th day of June, one thousand nine hundred and one, and anterior to the presentment of this indictment in the •county of Titus and State of Texas, did then and there personally appear before D. W. Ellis the legal qualified and acting justice of the peace in and for precinct number one in and for Titus County Texas, and the said D. C. Luna did then and there take his corporal oath which…
Read the full summary
The charging part of the indictment is as follows, viz: “That D. O. Luna on or ábout the 5th day of June, one thousand nine hundred and one, and anterior to the presentment of this indictment in the •county of Titus and State of Texas, did then and there personally appear before D. W. Ellis the legal qualified and acting justice of the peace in and for precinct number one in and for Titus County Texas, and the said D. C. Luna did then and there take his corporal oath which oath is in writing and as follows to wit: “Search warrant complaint and affidavit.” Enterprise Print. “The State of…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of perjury, and his punishment assessed at confinement in the penitentiary for a term of two years.
The indictment was attacked in several particulars. Without entering into a discussion of the various questions assigned, we are of opinion after a careful examination, that it is sufficient.
It is urged that the court’s charge is fatally eroneous, in submitting the question of the materiality of the evidence to the jury, as a fact to be determined by them. We believe this exception is well taken. The materiality of testimony upon which perjury is…
2Cited by7 opinions
- State v. RosenbaumCourt of Criminal Appeals of Texas · 1995
- Gauthier v. StateCourt of Criminal Appeals of Texas · 1973
- Lee v. StateCourt of Criminal Appeals of Texas · 1933
- Smith v. StateCourt of Criminal Appeals of Texas · 1952
- Gauthier v. StateCourt of Criminal Appeals of Texas · 1973
2 more not listed; retrieve them via the Exa API.