Legal Opinion

Bradberry v. State

Court of Appeals of Texas

Decided July 1, 1879Published

Appeal from the District Court of Hunt. Tried below before the Hon. G. J. Clark. The opinion discloses the case. The jury found the appellant guilty, and assessed his punishment at five years in the penitentiary.

1Opinion of the CourtWhite, P. J.

We are of opinion that the indictment for perjury as set out in the record is good under our Code and the previous decisions of our courts. The authorities relied upon by counsel in support of his motions to quash and in arrest of judgment .have been passed upon by our Supreme Court in connection with questions similar to those presented here, and have been held unauthoritative in this State.

In Allen v. The State it was said: “ The averments introductory to the statement of the false testimony, and those which are incidental and collateral to it, — such, for instance, as refer to the tribunal…

2Cases cited2 opinions

  1. Commonwealth v. GrantMassachusetts Supreme Judicial Court · 1874
  2. Allen v. StateTexas Supreme Court · 1874

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