Legal Opinion

Harkreader v. State

Court of Criminal Appeals of Texas

Decided November 27, 1895No. 1233PublishedCited by 4 opinions

This appeal is from a conviction for false swearing, in an affidavit made to procure a marriage license, the punishment assessed being a term of two years’ imprisonment in the penitentiary.

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This appeal is from a conviction for false swearing, in an affidavit made to procure a marriage license, the punishment assessed being a term of two years’ imprisonment in the penitentiary. The indictment charges: “That B. S. Harkreader, in\he County of Johnson, State aforesaid, on the 20th day of May, in the year of our Lord, 1895, with force and arms, did unlawfully, voluntarily, deliberately and wilfully, under oath, then and there legally administered to him by O. L. Bishop, Deputy County Clerk of Johnson County, Texas, the said O. L. Bishop being then and there authorized by law to…

1Opinion of the Court

HENDERSON, Judge.

The appellant was convicted in the court below on a charge of false swearing, and his punishment assessed at two years in the penitentiary. From the judgment and sentence of the lower court he prosecutes this appeal. The charge under which the indictment for false swearing was predicated in this case was that appellant made a voluntary affidavit in writing before O. L. Bishop, Deputy County Clerk, of Johnson County, Texas, that one Miss Ruby Lee Porter was 18 years of age, and that there existed no legal objections to the marriage of said Miss Porter to affiant. The first…

2Cases cited5 opinions

  1. Rains v. SimpsonTexas Supreme Court · 1878
  2. Barker v. PeopleNew York Supreme Court · 1824
  3. Wilson v. NewtonMichigan Supreme Court · 1891
  4. Jeffries v. HarringtonSupreme Court of Colorado · 1887
  5. United States v. BixbyDistrict Court, D. Indiana · 1881

3Cited by4 opinions

  1. Rehmel v. Board of SupervisorsSupreme Court of Iowa · 1915
  2. Mahon v. StateCourt of Criminal Appeals of Texas · 1904
  3. State ex rel. Sisson v. KalkWisconsin Supreme Court · 1929
  4. Delaney v. StateCourt of Criminal Appeals of Texas · 1905

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