Cox v. State
Court of Appeals of Texas
Appeal from the District Court of Brown. Tried below before N. B. Lindsey, Esq., Special Judge. The penalty imposed by a verdict of guilty was a term of five years in the penitentiary.
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Appeal from the District Court of Brown. Tried below before N. B. Lindsey, Esq., Special Judge. The penalty imposed by a verdict of guilty was a term of five years in the penitentiary. The charging part of the indictment reads as follows: “That heretofore, to-wit, at a term of the justice of the peace court of precinct number one, in and for the county of Brown, in the State of Texas, for criminal business, held at the office of the justice of the peace of said precinct, within and for said precinct, on the. twenty-ninth day of December, A. D. 1881, before J. B. Smith, who was then and there…
1Opinion of the CourtWillson, J.
This is a conviction of the crime of perjury. While the indictment is not in strict accordance with approved precedents, still we are of the opinion that it is substantially sufficient, and contains all the material allegations of the facts constituting the offense. (Allen v. The State, 42 Texas, 12; Bradberry v. The State, 7 Texas Ct. App., 375; West v. The State, 8 Texas Ct. App., 119.)
We are of the opinion, however, that the evidence upon which the conviction is based is legally insufficient. There were three witnesses placed upon the stand to testify as to the falsity of the alleged false…
2Cases cited1 opinion
- Allen v. StateTexas Supreme Court · 1874