Legal Opinion

Smith v. State

Court of Appeals of Texas

Decided January 16, 1889No. 2584PublishedCited by 2 opinions

Appeal, from the District Court of Fayette. Tried below before the Hon. H. Teichmueller. This is a companion case to that of Wilson v. The State, which immediately precedes it. The perjury assigned is the same in each case, and the penalties assessed by the juries is the same — confinement in the penitentiary for five years.

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Appeal, from the District Court of Fayette. Tried below before the Hon. H. Teichmueller. This is a companion case to that of Wilson v. The State, which immediately precedes it. The perjury assigned is the same in each case, and the penalties assessed by the juries is the same — confinement in the penitentiary for five years. The same witness who testified in the Wilson case testified in this case, proving against this defendant substantially the same facts that were proved against Wilson. It also appeared in evidence in this case that Wilson, Phillips and Edwards were under indictment for the…

1Opinion of the Court

White, Presiding Judge.

This is a companion case to that of Albert Wilson v. The State, just decided, and was a prosecution for perjury committed in the same judicial proceeding, and assigned upon the testimony of this defendant given as to the same subject matter. But in this case the errors for which the Wilson case has been reversed have not been committed. In this case the complaint upon which the information in Bean’s case was based was introduced in evidence, and the charge of the court substantially complied with the provisions of article 746, Code Criminal Procedure, relative' to the…

2Cited by2 opinions

  1. State v. CaywoodSupreme Court of Iowa · 1895
  2. Peterson v. StateCourt of Appeals of Texas · 1987

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