Brown v. State

Citations

• 9 Tex. Ct. App. 171

Syllabus

<p>1. Perjury—Indictment.—Since the adoption of the Codes of this State in the year 1856, the particularity required in common-law indictments for perjury has not been necessary here. An indictment which, in plain and intelligible words, charges every constituent of the offence is substantially sufficient under the Texas Codes, though the predicate for the matter on which the perjury is assigned he not averred with the particularity required at common law.</p> <p>2. Same.— Though, as provided by art. 189 of the Penal Code, “a false statement made through inadvertence, or under agitation, or by mistake, is not perjury,” yet, as this provision is no part of the definition of the offence, nor engrafted thereon, it need not be negatived in an indictment for perjury. Such exceptions are available to the defence in its proof.</p>