Donohoe v. State

Citations

• 14 Tex. Ct. App. 638
• 1883 Tex. Crim. App. LEXIS 222

Syllabus

<p>1. Perjury.—Indictment, to charge the offense of perjury, must allege the materiality of the false testimony, either in terms, or by setting out the facts from which its materiality in law will appear. And every fact sworn to, upon which an assignment of perjury is sought to be made, must be alleged to be material.</p> <p>2. Same.—Stated in another form the rule is, that no false testimony can be included in an assignment of perjury, unless its materiality is alleged. See an indictment, held sufficient, upon the last assignment, to charge the offense of perjury.</p> <p>3. Same.—All matter alleged to be material can, by proper assignment, be made the basis of perjury. But if a general assignment is made upon all, and some of them should, in law, be immaterial, the assignment would be bad; hence arises the necessity for specific assignment upon material matter.</p> <p>4. Same—Charge of the Court.—Under an indictment which assigned perjury upon matter not alleged to be material, as well as upon matter alleged material, the court charged tfie jury as follows: “If, in view of what has been said by the court as to the law, and from all the evidence before them, the jury believe that the defendant, in San Patricio county, did, as charged, deliberately and wilfully make the statement set out in the indictment, or any part thereof, that the jury believe to have been material to the matter before the grand jury, and if such statement or part thereof is shown (to) have been false when it was made, and if the jury believe the defendant knew it was false when he made it (if he did so), and if they further believe he made such statement before the regular grand jury of this county, as alleged, and under proper oath duly administered to him, then they should find him guilty as charged, and in addition, assess his punishment at,” etc. Held, error, because not confined to such false statements as are alleged material, and therefore properly assigned; and because it authorized the