Legal Opinion

Butler v. State

Court of Criminal Appeals of Texas

Decided March 13, 1968No. 41007Published

1Opinion

OPINION ON APPELLANT’S MOTION FOR REHEARING

ONION, Judge.

Article 315 of the Texas Penal Code provides as follows:

“Whoever shall designedly induce another to commit perjury or false swearing shall be punished as if he had himself committed the crime.”

“The crime of subornation of perjury consists of two essential elements: commission of perjury by the person suborned, and wilful procuring or inducing him to do so by the suborner. If these elements appear the crime is complete.” 45 Tex.Jur. 2d, Perjury & False Swearing, p. 92, Sec. 50.

Perjury is defined by Article 302 of the Texas Penal Code as…

2Cases cited2 opinions

  1. Castro v. StateCourt of Criminal Appeals of Texas · 1933
  2. Ferguson v. StateCourt of Criminal Appeals of Texas · 1896

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