Smith v. State

Citations

• 1 Tex. Ct. App. 620

Syllabus

<p>1. Pebjury—Indictment.—In an indictment for perjury under our Code it is indispensable that the statutory words “ deliberately and willfully ” be used in characterizing the false statement alleged to have been made. Paso. Dig., Art. 1909.</p> <p>■2. Same.—An indictment for perjury must not only conclusively show, but should affirmatively charge, that the testimony alleged to be false was material to the issue on the trial in which the testimony was given, unless its materiality be apparent on the record, or shown by the nature of the case. It is not sufficient if it only appears that the false testimony may have been material.</p> <p>■8. Same.—Indictment for perjury averred the material inquiry to have been “whether B. made an assault on 0.,” and charged that the accused, being asked where B. was standing when 0. was assaulted, falsely swore that B. was near the stove, and not near 0., when the latter was assaulted. Held, that these allegations are not sufficient to show that the false testimony was material to the issue, the indictment not stating how the assault was committed. Ho presumptions or inferences are allowable to supply such averments as are wanting in the indictment to show the materiality.</p>