Maines v. State
Court of Appeals of Texas
Appeal from the District Court of Falls. Tried below before the Hon. Eugene Williams. This was a conviction for perjury, and the penalty assessed was a term of five years in the penitentiary. The proof developed on this trial is the same in substance as that developed on the former trial of the appellant, which will be found fully set forth in the report of the former appeal, beginning on page 568 of the twenty-third volume of these Reports.
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Appeal from the District Court of Falls. Tried below before the Hon. Eugene Williams. This was a conviction for perjury, and the penalty assessed was a term of five years in the penitentiary. The proof developed on this trial is the same in substance as that developed on the former trial of the appellant, which will be found fully set forth in the report of the former appeal, beginning on page 568 of the twenty-third volume of these Reports. It is deemed proper, however, to briefly restate the case in this report, in order to properly illustrate the ruling of the court upon the motion for new…
1Opinion of the Court
Hurt, Judge.
This conviction is for perjury. Court met off the third day of January, 1888. This case was set down to be tried on the ninth day of February, 1888, and was called for trial on the tenth of said month.
The subpoena was served on Mrs. Wyers on the thirty-first; day of January, 1888. Application to continue because of the absence of Mrs. Emma Wyers, was presented and overruled, defendant reserving his bill of exceptions. While not perfect, the diligence used to procure the attendance of the witness was sufficient.
The testimony of Barlow and Reed, witnesses for the State, rendered the…
2Cited by5 opinions
- State v. WoolleySupreme Court of Vermont · 1937
- Allen v. StateCourt of Criminal Appeals of Texas · 1917
- State v. HenryNew York Court of General Session of the Peace · 1918
- Allen v. StateCourt of Criminal Appeals of Texas · 1917
- State v. CerfoglioNevada Supreme Court · 1923