Powers v. State

Citations

• 17 Tex. Ct. App. 428
• 1885 Tex. Crim. App. LEXIS 8

Syllabus

<p>1. Perjury — Indictment — Venue.—See the opinion in extenso for an allegation in an indictment for perjury held sufficient to charge the venue of the offense on trial in which the perjury is charged to have been committed.</p> <p>2. Same — Jurisdiction.— The better practice in perjury cases, where the perjury is alleged to have been committed upon the trial of a criminal cause,, is that the indictment for perjury should not only allege the jurisdiction of the trial court over the criminal offense in which the perjury was committed, but it should show how, whether by information or indictment, the court acquired such jurisdiction. In reason, however, and under the Codes-of this State, such explicit allegation is not necessary, when the indictment does allege, in general terms, that the court had jurisdiction to try the cause. See this case for the rule applied, and note the opinion in extensofor a discussion of the principle, and for a consideration of the authorities bearing upon the subject.</p>