Legal Opinion

Garrett v. State

Court of Criminal Appeals of Texas

Decided January 27, 1965No. 37506PublishedCited by 10 opinions

1Opinion of the Court

WOODLEY, Judge.

The offense is false swearing; the punishment, two years.

The indictment set out a statement of Donald L. Garrett subscribed and sworn to before William A. Gee, Notary Public of Harris County, Texas on November 10, 1959.

The affidavit related to an accident which occurred on November 6, 1959, in which an automobile in which the affiant was a passenger, stopped for the traffic light at an intersection, was struck from the rear by a truck, the accident resulting in personal injury to the affiant.

The affidavit contained the statement alleged to be false: “I have never had an injury…

2Cases cited4 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. Bartkus v. IllinoisSupreme Court of the United States · 1959
  3. Abbate v. United StatesSupreme Court of the United States · 1959
  4. Musick v. StateCourt of Criminal Appeals of Texas · 1927

3Cited by10 opinions

  1. Coursey v. StateCourt of Criminal Appeals of Texas · 1970
  2. Creswell v. StateCourt of Criminal Appeals of Texas · 1965
  3. Ex Parte Bui, Texas Court of Appeals, 1st District (Houston)1998
  4. Miller v. StateCourt of Criminal Appeals of Texas · 1965
  5. Breedlove v. StateCourt of Criminal Appeals of Texas · 1971

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