Gabrielsky v. State
Court of Appeals of Texas
Appeal from the Criminal District Court of Galveston. Tried below before the Hon. G. Cook. The appellant was indicted in the Criminal District Court of Galveston County upon the charge of perjury, which he was alleged to have committed in this, viz: That on the twenty-fourth of January, 1881, in the county of Rusk, he had sworn to a certain plea which was thereafter alleged to have been used by his direction in the District Court of Galveston County, in cause No. 10,382,…
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Appeal from the Criminal District Court of Galveston. Tried below before the Hon. G. Cook. The appellant was indicted in the Criminal District Court of Galveston County upon the charge of perjury, which he was alleged to have committed in this, viz: That on the twenty-fourth of January, 1881, in the county of Rusk, he had sworn to a certain plea which was thereafter alleged to have been used by his direction in the District Court of Galveston County, in cause No. 10,382, Focke & Wilkins v. L. Gabrielsky, on the docket of said court. At the December term, 1882, of said criminal court, the…
1Opinion of the CourtWillson, J.
In an indictment for perjury, if the alleged false *437statement is in writing, it is not required that it should be set out in the indictment in hcec verba. It is sufficient to set out the alleged false matter substantially. (2 Whart. Cr. Law, § 1298; Taylor v. The State, 48 Ala., 157; 2 Bish. Cr. Proc., § 915, and note 8; People v. Warner, 5 Wend., 271; Campbell v. People, 8 Wend., 636; 2 Whart. Prec., 577, note j; Acts 17 Leg., p. 60, sec. 6.)
Neither is it necessary to set out in the indictment the whole of what the defendant has sworn. Only that portion of the statement alleged to be false…
2Cases cited15 opinions
- O'Connell v. StateTexas Supreme Court · 1857
- Campell v. PeopleNew York Supreme Court · 1832
- Taylor v. StateSupreme Court of Alabama · 1872
- State v. LeaSupreme Court of Alabama · 1842
- State v. PetersTexas Supreme Court · 1874
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3Cited by2 opinions
- Gandy v. StateNebraska Supreme Court · 1888
- Donohoe v. StateTexas Supreme Court · 1884