Scott v. State

• Decision Date: 23 January 1895
• Citation: 29 S.W. 274
• Parties: SCOTT v. STATE.
• Court: Texas Court of Criminal Appeals

29 S.W. 274

SCOTT v. STATE.

Court of Criminal Appeals of Texas.

January 23, 1895.

Appeal from district court, San Saba county; W. M. Allison, Judge.

M. M. Scott was convicted of perjury, and appeals. Affirmed.

Burbson & Meek, for appellant. Mann Trice, for the State.

HURT, C. J.

This conviction was obtained for perjury. Appellant was indicted and tried before the district court of San Saba county for theft of two yearlings, the property of Ney Gorman. Upon that trial Gorman and others swore that after the yearlings were taken from the range they were seen in Henry Cravey's pasture, and branded with a cross. These animals were taken from this pasture to appellant's place, and there branded ed NOTE: OPINION CONTAINING TABLE OR OTHER DATA THAT IS NOT VIEWABLE. Upon the trial for this theft, appellant, being a witness in his own behalf, testified that when the latter brand was placed on the cattle he also placed on them the former or + brand, and the + brand was not on them while they were in Cravey's pasture. In this case this statement is assigned as perjury, the indictment alleging it to be material. Motion to quash the indictment was urged, because the indictment did not show how the statement was material. This is not necessary, the materiality being alleged. The indictment alleges several statements to be false, but clearly assigns perjury upon that stated above. The court confined, in his charge, the jury to the statement assigned for perjury. The charge of the court is correct. Under the facts of this case it was the duty of the court to tell the jury the statement was material. Washington v. State, 23 Tex. App. 336, 5 S. W. 119; Donahoe v. State, 14 Tex. App. 638; Jackson v. State, 15 Tex. App. 579; Sisk v. State, 28 Tex. App. 432, 13 S. W. 647; Rahm v. State, 30 Tex. App. 310, 17 S. W. 416; Foster v. State, 32 Tex. Cr. R. 39, 22 S. W. 21. There is a conflict in the testimony. That adduced for the state amply supports the verdict. We find no error, and the judgment is affirmed.