Simpson v. State

DAVIDSOhr, Presiding Judge.

The indictment charges appellant with perjury in that he made a false affidavit before a justice of the peace charging one Oliver with having committed an assault upon him. The affidavit was the beginning of the criminal prosecution against Oliver, and was a sufficient predicate for perjury. Langford v. State, 9 Texas Crim. App., 283. It is contended the indictment is defective in that it fails to set out the affidavit in haec verba. This contention is not correct. Gabrielsky v. State, 13 Texas Crim. App., 428. It was not necessary under the facts to set out in full…