Smith v. State
Court of Criminal Appeals of Texas
This appeal is from a judgment of conviction for perjury, wherein the punishment was assessed at five years confinement in the penitentiary. The perjury was assigned upon the testimony of defendant in a case on trial before a justice of the peace, wherein defendant was being tried upon complaint charging him with playing craps at or near Alex Wilburn’s crib, and wherein he testified that he did not play at said game of craps, as charged.
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This appeal is from a judgment of conviction for perjury, wherein the punishment was assessed at five years confinement in the penitentiary. The perjury was assigned upon the testimony of defendant in a case on trial before a justice of the peace, wherein defendant was being tried upon complaint charging him with playing craps at or near Alex Wilburn’s crib, and wherein he testified that he did not play at said game of craps, as charged. It is not necessary to give a statement of the facts to elucidate the opinion on this appeal.
1Opinion of the Court
HURT, Presiding Judge.
Appellant was charged and convicted before a justice of the peace “ for betting at a game of craps.” Upon the craps trial he swore that he had not bet on craps at the time and place alleged in the complaint. Upon his evidence was assigned perjury.
That he had bet at craps as charged was most clearly established on the trial of the perjury case, and he was therefore guilty of perjury, unless the fact that the jury in the craps case was not properly sworn relieves his false testimony of the taint of perjury. In the craps case the Justice Court had jurisdiction of the…
Also in this document: Concurrence.
2Cases cited1 opinion
- Glasgow v. MooreSupreme Court of Missouri · 1846
3Cited by12 opinions
- Hunter v. StateCourt of Criminal Appeals of Texas · 1979
- Markey v. StateSupreme Court of Florida · 1904
- Manning v. StateCourt of Criminal Appeals of Texas · 1904
- State v. MandehrSupreme Court of Minnesota · 1926
- Herndon v. StateCourt of Criminal Appeals of Texas · 1917
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