Legal Opinion

Brooks v. State

Court of Appeals of Texas

Decided June 10, 1891No. 7456PublishedCited by 3 opinions

Appeal from the District Court of Hopkins. Tried below before Hon. E. W. Terhune. The conviction is for perjury, and the punishment was assessed at five years confinement in the penitentiary.

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Appeal from the District Court of Hopkins. Tried below before Hon. E. W. Terhune. The conviction is for perjury, and the punishment was assessed at five years confinement in the penitentiary. The perjury is assigned upon a statement made before the grand jury, and the indictment, omitting the formal part, is as follows: “Whereupon it then and there became and was a material inquiry before said grand jury, and necessary for the due administration of the criminal law of said State, whether the said Henry Brooks on or about the 19th" day of February, 1891, in Hopkins County, Texas, in a vacant…

1Opinion of the Court

WHITE, Presiding Judge.

In substance, the matter assigned as perjury in the indictment upon which defendant has been convicted in this case, was that defendant, in an investigation before the grand jury, testified or swore that he did not, at a time and place mentioned, say to S. H. Downing and Howard Templeton that on the night of the 19th day of February; 1891, he was present at the breaking of a certain storehouse in the town of Black Jack Grove and participated in said breaking, and knew the circumstances attending said breaking.

It is alleged that said matter was a material inquiry before…

2Cited by3 opinions

  1. King v. StateCourt of Criminal Appeals of Texas · 1929
  2. Conway v. StateCourt of Criminal Appeals of Texas · 1946
  3. Dodson v. StateCourt of Criminal Appeals of Texas · 1955

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