Sisk v. State
Court of Appeals of Texas
Appeal from the District Court of Parker. Tried below before Hon. J. W. Patterson. The appellant was awarded a term of five years in the penitentiary upon his conviction for perjury under an indictment, the charging part of which reads as follows: * * * “Matt Sisk, on or about May 23, 1889, in the county and State aforesaid, did then and there personally appear before the duly organized grand jury for said county, which was then and there in session for the May Term of the…
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Appeal from the District Court of Parker. Tried below before Hon. J. W. Patterson. The appellant was awarded a term of five years in the penitentiary upon his conviction for perjury under an indictment, the charging part of which reads as follows: * * * “Matt Sisk, on or about May 23, 1889, in the county and State aforesaid, did then and there personally appear before the duly organized grand jury for said county, which was then and there in session for the May Term of the District Court for said county, and of which said grand jury W. J. Carson was then and there the legally appointed…
1Opinion of the Court
Willson, Judge.
We do not think the exceptions to the indictment are maintainable, and we hold, therefore, that they were correctly overruled. It is charged that the statements upon which perjury is assigned were material, and this general averment is sufficient without alleging the facts which show materiality. Washington v. The State, 22 Texas, Ct. App., 26; Partain v. The State, Id., 100. With respect to the allegations as to the character of the house in which the card playing occurred, we think they show, when considered in connection with the allegations of materiality, that said house…
2Cases cited1 opinion
- Wheelock v. StateTexas Supreme Court · 1855
3Cited by3 opinions
- Smith v. StateCourt of Criminal Appeals of Texas · 1952
- State v. RosenbaumCourt of Criminal Appeals of Texas · 1995
- State v. RosenbaumCourt of Criminal Appeals of Texas · 1995