Legal Opinion

Franklin v. State

Court of Criminal Appeals of Texas

Decided November 24, 1897No. 1544PublishedCited by 23 opinions

Appeal from the District Court of Red River. Tried below before Hon. V. W. Hale, Special Judge. Appeal from a conviction for perjury; penalty assessed at five years imprisonment in the penitentiary.

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Appeal from the District Court of Red River. Tried below before Hon. V. W. Hale, Special Judge. Appeal from a conviction for perjury; penalty assessed at five years imprisonment in the penitentiary. The appellant was convicted in the District Court of Bed Biver County, Texas, upon an indictment charging him with having committed perjury as a witness on the trial of one King, in the County Court of said county, said King being charged by information with the offense of unlawfully carrying on and about his person a pistol. The matter assigned as perjury was that the appellant falsely swore that…

1Opinion of the Court

HENDEBSON", Judge.

Appellant was convicted of perjury, and his punishment assessed at confinement in the penitentiary for a term of five years; hence this appeal.

The only bill of exceptions contained in the record is to the remarks of the district attorney in his closing argument. We see no possible injury that could result to the appellant from said remarks; and, besides, there was no request on the part of appellant for the court to charge the jury in regard thereto.

Appellant assigns as error the failure of the court to charge article 785, Code of Criminal Procedure 1895. This article.simply…

2Cited by23 opinions

  1. Davis v. StateCourt of Criminal Appeals of Texas · 1908
  2. Mooney v. StateCourt of Criminal Appeals of Texas · 1915
  3. Pollard v. StateCourt of Criminal Appeals of Texas · 1910
  4. Ex Parte MetcalfCourt of Criminal Appeals of Oklahoma · 1913
  5. Burnaman v. StateCourt of Criminal Appeals of Texas · 1913

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