Legal Opinion

Ex Parte Burkett

Court of Criminal Appeals of Texas

Decided February 21, 1979No. 60152PublishedCited by 22 opinions

1Opinion of the Court

OPINION

DOUGLAS, Judge.

Charles Ray Burkett filed this application for writ of habeas corpus pursuant to Article 11.07, V.A.C.C.P.

On May 16,1978, petitioner was convicted by a jury of the offense of aggravated perjury. Punishment was assessed at two years.

Petitioner contends that the indictment upon which he was convicted is fundamentally defective in that it fails to allege all of the elements of the offense of aggravated perjury. The relevant portions of the indictment charge that Burkett did:

“. . . Personally appear at an official proceeding, to-wit: a trial in the 89th District Court of…

2Cases cited2 opinions

  1. Nixon v. StateCourt of Criminal Appeals of Texas · 1978
  2. Church v. StateCourt of Criminal Appeals of Texas · 1977

3Cited by22 opinions

  1. Williams v. StateCourt of Appeals of Texas · 1993
  2. Waldie v. State, Texas Court of Appeals, 9th District (Beaumont)1996
  3. Goff v. StateCourt of Appeals of Texas · 1983
  4. Kmiec v. State, Texas Court of Appeals, 1st District (Houston)2002
  5. McCullar v. StateCourt of Criminal Appeals of Texas · 1985

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