Shely v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Live Oak. Tried below before Hon. M. F. Lowe. This is an appeal from a conviction for perjury, wherein the punishment assessed was imprisonment in the penitentiary for a term of five years.
Read the full summary
Appeal from the District Court of Live Oak. Tried below before Hon. M. F. Lowe. This is an appeal from a conviction for perjury, wherein the punishment assessed was imprisonment in the penitentiary for a term of five years. The following is the indictment in full upon which the prosecution was based, to-wit; “In the Name and by the Authority of the State of Texas: “The grand jurors for the County of Live Oak, State aforesaid, duly organized as such at the September term, A. D. 1894, of the District Court for said county, upon their oaths in said court present, that on or about the 14th day of…
1Opinion of the Court
HENDERSON, Judge.
Appellant in this ease was convicted of perjury, and his punishment assessed at five years’ confinement in the State penitentiary. From the judgment and sentence of the lower court, he prosecutes this appeal. The prosecution in this case was predicated on an affidavit made by appellant, as deputy sheriff, to an account for conveying a witness from Nueces to Live Oak County. It is contended by appellant that such affidavit to a sheriff’s fee bill- cannot be made by a deputy sheriff, so as to constitute it the predicate for an indictment for perjury. Our statutes on the subject…
2Cases cited1 opinion
- Johnson v. StateSupreme Court of Georgia · 1877
3Cited by2 opinions
- Lamar v. StateCourt of Criminal Appeals of Texas · 1906
- Saunders v. StateCourt of Criminal Appeals of Texas · 1960