Martin v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Jones. Tried below before Hon. C. P. Woodruef. Appellant was indicted for perjury as a witness before tbe grand jury. The charging portion of the indictment is set out in full in the opinion below.
Read the full summary
Appeal from the District Court of Jones. Tried below before Hon. C. P. Woodruef. Appellant was indicted for perjury as a witness before tbe grand jury. The charging portion of the indictment is set out in full in the opinion below. Defendant made a motion to quash the indictment, because “it does not appear, from the face of the same, that an offense against the’ law was committed by the defendant, there being no allegation showing the materiality of such statement before the grand jury.” This motion was overruled. The trial resulted in defendant’s conviction, with punishment assessed at a…
1Opinion of the Court
SIMKINS, Judge.
Appellant was convicted of perjury before the grand jury of Jones County, and his punishment fixed at five years in the penitentiary.
We copy so much of the indictment as is material: “Whereupon' it then and there became and was a material inquiry before said grand jury, and necessary, etc., whether one John Browning and one Charley Brown, in the county and State aforesaid, on the 23rd day of November, 1893, did fraudulently take one satchel and eighty dollars, of the value of eighty dollars, the personal property of one Sam Smith, from the possession of said Sam Smith, etc. And…
2Cited by9 opinions
- Moya v. PeopleSupreme Court of Colorado · 1926
- Jones v. StateCourt of Criminal Appeals of Texas · 1915
- White v. StateCourt of Criminal Appeals of Texas · 1918
- Harrison v. StateCourt of Criminal Appeals of Texas · 1899
- Henry v. StateCourt of Criminal Appeals of Texas · 1901
4 more not listed; retrieve them via the Exa API.