Smith v. State
Court of Appeals of Texas
Appeal from the District Court of Harrison. Tried below before the Hon. A. J. Booty. The accused, it appears, was a witness at the trial of Simon Bolding for an assault with an intent to murder Bright Cole, and on his testimony at that trial the charge •of perjury was assigned in the present case. The statements constituting the perjury are disclosed in the opinion of this court.
1Opinion of the CourtWhite, J.
There were two grounds urged in the lower •court upon the motion in arrest of judgment:
1st. That the indictment charges no offense against the laws of the state of Texas.
2d. Because said indictment does not charge the defendant with having “deliberately and willfully sworn falsely ” 4o the assignment of perjury alleged in said indictment.
It is all-important in an indictment for perjury under our law (Pasc. Dig., Art. 1909) that the two statutory words -“ deliberately and willfully ” shall be used in characterizing •the false statement alleged to have been made. To omit -either would be fatal…
2Cases cited19 opinions
- Wood v. . People of the State of N.Y.New York Court of Appeals · 1874
- Galloway v. StateIndiana Supreme Court · 1868
- Campell v. PeopleNew York Supreme Court · 1832
- Bush v. Republic of TexasTexas Supreme Court · 1846
- Hendricks v. StateIndiana Supreme Court · 1866
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