Miles v. State

on rehearing.

April 15, 1914.

PREUDERGAST, Presiding Judge.

Appellant contends that the original opinion herein holds in effect that a person may be convicted of perjury on circumstantial evidence alone. , This is true. If there is any uncertainty that the original opinion does not so hold, we now expressly do so hold. This doctrine has been expressly and repeatedly so held by this court.

In Plummer v. State, 35 Texas Crim. Rep., 202, this court, through Judge. Hurt, said: “These requested charges are based upon the proposition that perjury can not be proved by circumstantial evidence, and that…