35 S.W. 369 | Tex. Crim. App. | 1896
Appellant was convicted of perjury, and given five years in the penitentiary, and prosecutes this appeal. There is no bill of exceptions or assignment of errors in the record. The only question presented in the case for our consideration is as to the charge of the court, which is complained of in the appellant's motion for a new trial. The charge in question, after enumerating the various grounds on which the perjury is alleged in the indictment, proceeds as follows: "Which said statements the State charges were false, and that the same were wilfully and deliberately made under oath as aforesaid by said R.E. Ferguson, knowing at the time he made the same that said statements so made as aforesaid were then and there false and untrue. Now, if you believe from the evidence, beyond a reasonable doubt, that the defendant, under oath as above set out, and wilfully and deliberately, *61
made the alleged statements above set forth, in the County of Tarrant, State of Texas, at or about the time as charged in the indictment, and that said statements so made as aforesaid were and are false, and that the falsity of said statements has been established by the testimony of two credible witnesses, or of one credible witness strongly corroborated by other evidence as to the falsity, then you will find the defendant guilty, and assess his punishment confinement in the penitentiary for not less than five nor more than ten years." The contention of the appellant is that the charge is fatally defective because it failed to instruct the jury that the defendant, when he made the statements upon which the perjury was predicated, knew that the same were false. It has been held in this State that an indictment for perjury, to be good, should allege that the defendant knew the statements (on which the perjury is predicated) were false when he made them, and that this must be distinctly averred. This was so held in State v. Powell,
Affirmed. *63