Burleson v. State, 41273
Decision Date | 29 May 1968 |
Docket Number | No. 41273,41273 |
Citation | 429 S.W.2d 479 |
Parties | Walter Von BURLESON, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Criminal Appeals |
Vincent W. Perini, Dallas, for appellant.
Henry Wade, Dist. Atty., Jim Ramsey, Arch Pardue, Ronald W. Chapman and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
The conviction is for perjury; the punishment, five years.
The appellant challenges the validity of the indictment on the ground that it does not charge an offense.
The perjury assigned is appellant's testimony given at Hill's trial that he and not Hill had stolen the automobile.
Omitting the formal parts of the indictment, the pertinent portions are as follows:
To sufficiently traverse an alleged statement assigning perjury, the following is essential:
45 Tex.Jur.2d 69, Sec. 29, reads as follows:
2 Branch 2d 302, Sec. 846, reads:
2 Branch 2d 306, Sec. 852, reads:
In Jones v. State, 118 Tex.Cr.R. 106, 38 S.W.2d 587, this court said:
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Hill v. State
...as Article 46.02, Sec. 2(f)(1)(2)(3)(4)(5).2 Burleson's testimony resulted in his perjury conviction. See Burleson v. State, Tex.Cr.App., 429 S.W.2d 479 (May 29, 1968), reversed as a result of a defective indictment.3 In Miranda, the Court said:'(a)n express statement that the individual is......
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State v. Eversole
...basis they failed to allege an offense, since they contained allegations of omissions. The district court relied on Burleson v. State, 429 S.W.2d 479 (Tex.Crim.App.1968), as well as the long established rule that an omission cannot form the basis of a perjury prosecution. Facts constituting......
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Matte v. State
...failed to properly apprise the appellant of what false statement he was alleged to have made. The appellant relies on Burleson v. State, 429 S.W.2d 479 (Tex.Cr.App.1968) and Crow v. State, 49 Tex.Cr.R. 103, 90 S.W. 650 (1905). Both of these cases deal with perjury indictments. This Court ha......
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Tamayo v. State, 09-95-194
...with certainty." State v. Eversole, 889 S.W.2d 418, 422 (Tex.App.--Houston [14th Dist.] 1994, pet. ref'd) (citing Burleson v. State, 429 S.W.2d 479, 481 (Tex.Crim.App.1968)). We fail to see how the State could have plead any more directly or given Tamayo any more notice of what she was requ......