258 S.W. 830 | Tex. Crim. App. | 1924
Rehearing
On Motion for Rehearing.
The jury gave appellant the lowest penalty, and there was no plea of insanity nor claim that he was induced by any one to make the alleged false statement. We are not inclined to believe ourselves in error in holding it proper for the trial court to have rejected the testimony of the witness Keen.
No error appearing in the record, the motion will be overruled.
Lead Opinion
Appellant was convicted in the district court of Polk county of perjury, and his punishment fixed at two years in the penitentiary;
Appellant wa& indicted for giving false testimony before the grand jury in its investigation of a charge against one Ash for the illegal sale of liquor. It was in proof by a number of witnesses that appellant went before the grand jury and testified that Ash at a certain date did sell to him intoxicating 'liquors, and that one Smithers was present at the time. It was also shown as a predicate for his appearance before the grand jury that appellant made a statement in writing to the county attorney, in which he made substantially the same statement that he made before thq grand jury. Witnesses testified that after Ash was indicted appellant appeared as a witness on the trial and swore that Ash did not at any time sell him any liquor. Ash testified that he at no time sold ai:>pellant any intoxicating liquor. The man Smithers, claimed by appellant when before the grand jury to have been present at the sale of liquor by Ash to him, testified for the state upon the instant trial that he never was present on any occasion when Ash sold any liquor to appellant The conviction followed.
No error appearing in the record, the judgment of the trial court will be in all things affirmed.
>For other cases see same topic and KEY-N UMBER in all Key-bJ umbered Digests and Indexes
<g^s>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes