Butler v. State
Court of Criminal Appeals of Texas
The indictment assigned the perjury upon statements contained in an affidavit made by the defendant in support of a motion for a rehearing of a case which had been tried by an examining court.
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The indictment assigned the perjury upon statements contained in an affidavit made by the defendant in support of a motion for a rehearing of a case which had been tried by an examining court. Defendant’s counsel made a motion to quash the indictment, for the reason that the indictment shows upon its face that the court, in which the affidavit was filed, was without jurisdiction of the case in which the rehearing was applied for, and had no power or authority to reopen said cause. This motion to quash was overruled. Ho further statement necessary.
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of perjury, and given five years in the penitentiary, and prosecutes this appeal. It appears from the indictment, that Koller and Cordes were tried in an examining court before one C. T. Hancock, on a charge of murder. This trial was on the 24th day of June, 1896, and resulted in the magistrate remanding the prisoners to the jail without bail. On the 13th of July thereafter, said defendants, Koller and Cordes, presented an application in writing to said Justice of the Peace Hancock, for what they termed a rehearing of said ease, claiming that they had…
2Cited by2 opinions
- King v. StateCourt of Criminal Appeals of Texas · 1929
- Logan v. StateCourt of Criminal Appeals of Texas · 1924