Wilson v. State
Court of Appeals of Texas
Appeal from the District Court of Fayette. Tried below before the Hon. H. Teichmueller. The conviction in this case was for perjury and the penalty assessed against the defendant was a term of five years in the penitentiary.
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Appeal from the District Court of Fayette. Tried below before the Hon. H. Teichmueller. The conviction in this case was for perjury and the penalty assessed against the defendant was a term of five years in the penitentiary. The indictment alleges, in substance, that on the seventeenth day of April, 188a, one William Bean was tried in the county court of Fayette county, for carrying a pistol on the twenty-fifth day of February, 1888; that, the State having proved by several witnesses that a difficulty occurred on the night of said day, in a certain room of a certain house, between one W.…
1Opinion of the Court
White, Presiding Judge.
In all cases of prosecution for perjury committed in a judicial proceeding, it must be made to appear by the allegations of the indictment that the court had *49jurisdiction of the judicial proceedings (Willson’s Crim. Stats., sec, 307), and it is equally important and necessary that the evidence should sustain the allegation in order to warrant a conviction. It was alleged in the indictment in this case that the judicial proceeding was a trial in the county court “'wherein one Bean was duly and legally charged by information” with unlawfully carrying on or about his…
2Cited by7 opinions
- State v. RutledgeWashington Supreme Court · 1905
- Stiles v. StateCourt of Criminal Appeals of Oklahoma · 1928
- Laird v. StateCourt of Criminal Appeals of Texas · 1916
- Stephen Christopher Kuhns v. State, Texas Court of Appeals, 3rd District (Austin)2002
- Stephen Christopher Kuhns v. State, Texas Court of Appeals, 3rd District (Austin)2002
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