Legal Opinion

Davidson v. State

Court of Appeals of Texas

Decided November 20, 1886No. 2391PublishedCited by 9 opinions

Appeal from the District Court of Williamson. Tried below before the Hon. A. S. Walker. The conviction in this case was for perjury, and the penalty assessed against the appellant was a term of seven years in the penitentiary. The second head note states the matter assigned as perjury.

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Appeal from the District Court of Williamson. Tried below before the Hon. A. S. Walker. The conviction in this case was for perjury, and the penalty assessed against the appellant was a term of seven years in the penitentiary. The second head note states the matter assigned as perjury. The State first introduced in evidence the minutes of the January term, 1886, of the district court of Williamson county, Texas, showing the indictment number 3535, charging Thomas Bratton with the offense of false swearing, which indictment was predicated on an affidavit made by the said Bratton to obtain a…

1Opinion of the Court

White, Presiding Judge.

In order to obtain a marriage license, one Thomas Bratton made an affidavit, which was required of him by the county clerk, that his fiancee was eighteen years of age and that her parents had given their consent to the marriage. It turned out that neither of these sworn statements was true, and that the maiden was in fact only seventeen years of age. A prosecution was instituted in a very short time against Bratton by indictment based upon this affidavit, charging him with “ false swearing.” Bratton defended and procured this appellant to appear as a witness in his…

2Cases cited1 opinion

  1. United States v. BabcockU.S. Circuit Court for the District of Michigan · 1846

3Cited by9 opinions

  1. Scamardo v. StateCourt of Criminal Appeals of Texas · 1974
  2. State v. DouetteWashington Supreme Court · 1903
  3. Martin v. State, Texas Court of Appeals, 7th District (Amarillo)1995
  4. Kirkpatrick v. StateCourt of Criminal Appeals of Texas · 1974
  5. Kirkpatrick v. StateCourt of Criminal Appeals of Texas · 1974

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