McCullar v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was tried and convicted before a jury in El Paso County for the offense of aggravated perjury. See V.T.C.A. Penal Code § 37.03. The jury assessed punishment at four years confinement in the Texas Department of Corrections. Appellant appealed his conviction, claiming six grounds of error. The El Paso Court of Appeals agreed only with appellant’s first and third grounds of error, relating to fundamental error in the indictment, and sustained those grounds to reverse the conviction and dismiss the cause. McCullar v.…