Legal Opinion

Buller v. State

Court of Criminal Appeals of Texas

Decided October 27, 1894No. 312PublishedCited by 9 opinions

Appeal from the District Court of Waller. Tried below before Hon. T. S. Reese. This appeal is from a conviction for perjury, the punishment being assessed at five years in the penitentiary.

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Appeal from the District Court of Waller. Tried below before Hon. T. S. Reese. This appeal is from a conviction for perjury, the punishment being assessed at five years in the penitentiary. The case on appeal having been disposed of on the sole question of the sufficiency of the indictment, it is only necessary to reproduce that instrument, which, omitting formal allegations, is as follows, viz: “ Which said oath (to him as a witness before the grand jury) was so administered (to appellant) for the ends of public justice; wherefore it then and there became and was a material inquiry before…

1Opinion of the Court

HURT, PRESIDING Judge.

Conviction for perjury. Appellant, Buller, was before the grand jury as a witness. The grand jury were inquiring into a charge of the supposed theft of a yearling, the property of William. Rhone. The indictment alleges that it was a material issue before the grand jury whether G. W. Buller and Charles Smith had stolen said yearling. The matter assigned for perjury appears from the following facts, alleged in the indictment: “That G. W. Buller did state that himself and Charles Smith were gathering cattle to carry to Houston. As they went through the bottom, Charles Smith…

2Cited by9 opinions

  1. McMurtry v. StateCourt of Criminal Appeals of Texas · 1898
  2. Hardin v. StateCourt of Criminal Appeals of Texas · 1919
  3. Bell v. StateCourt of Criminal Appeals of Texas · 1914
  4. Miller v. StateCourt of Criminal Appeals of Texas · 1901
  5. Rosebud v. StateCourt of Criminal Appeals of Texas · 1906

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