Sutton v. State

• Decision Date: 13 January 1915
• Docket Number: (No. 3373.)
• Citation: 172 S.W. 791
• Parties: SUTTON v. STATE.
• Court: Texas Court of Criminal Appeals

172 S.W. 791

SUTTON v. STATE.

(No. 3373.)

Court of Criminal Appeals of Texas.

January 13, 1915.

Appeal from District Court, Hopkins County; Wm. Pierson, Judge.

Ed Sutton was convicted of perjury, and he appeals. Affirmed.

W. P. Leach, of Sulphur Springs, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.

HARPER, J.

Appellant was convicted of perjury, and his punishment assessed at two years' confinement in the penitentiary.

The grand jury of Hopkins county was investigating a charge of seduction brought against one Jesse Creacy, wherein he was charged with seducing Miss Jennie Willis. Appellant appeared before said grand jury and testified that he had carnal knowledge of the young lady on two occasions, once on one Sunday night in June, 1912, on their way home from Ham Campbell's, where they had been visiting, and that he had carnal intercourse with her in June, 1912, on their way home from a dance at Babe Wallace's or Edgar Booth's. Both of those statements are alleged to be false, and the testimony would authorize the jury to find, both that appellant did so testify before the grand jury, and that the statements were untrue.

In the first bill of exceptions it is contended that the court erred in overruling his application for a continuance. In the bill of exceptions it is shown that the prosecuting officer admitted that the witness would testify as alleged, and that such testimony was true. In approving the bill the court states:

"Upon the trial of the case the defendant was instructed to and did make a statement to the jury covering what he claimed the absent witness would testify, and the prosecuting attorney admitted its truth. The defendant's attorney and the district attorney stated fully these things, and defendant's attorney expressed himself as satisfied."

Under such circumstances the bill presents no error.

In the next bill it appears that L. L. Bowman was in attendance on court as a witness, and desired to go home, when the following agreement was entered into:

"It is agreed by and between the state and the defendant that L. L. Bowman, a witness for the state, will testify that Ed Sutton, the defendant in the above numbered and styled cause, was sworn before the grand jury of Hopkins county, Texas, by Ben Ramsey, the foreman of said grand jury, at the time and place mentioned in said indictment.

                 "[Signed]  Mayo Neyland, District Attorney
                            "W. P. Leach, Attorney for Deft."
                

The defendant now complains...