Bell v. State

Decided December 7, 1921

Court of Criminal Appeals of Texas · decided 1921-12-07

<p>Perjury <§=»25(2) — Indiciment held insufficient for failing to aver that false statement was material.</p> <p>An indictment for perjury, that failed to aver that the alleged false statement was material to the matter under investigation, was insufficient.</p>

Cited by 1 later decisions — most recently December 1945

1 state decisions

Relies on Perkins v. State · 75 Tex. Crim. 396 - Scott v. State · 75 Tex. Crim. 401 - Bell v. State

Good law ✅— No negative treatment on recordhow we know

Reversed, and prosecution dismissed · Decided 1921-12-07

View the full empirical analysis of this case →

HAWKINS, J.

¶1Conviction is for perjury. Penalty, two years in penitentiary.

¶2Motion to quash the indictment was made for the reason, among others, that there was a failure to aver that the alleged false statement was material to the matter under investigation. The indictment reveals the justness of the criticism, and the Assistant Attorney General confesses error, under authority of Bell v. State, 75 Tex. Cr. R. 401, 171 S. W. 239; Scott v. State, 75 Tex. Cr. R. 396, 171 S. W. 243; Adamson v. State (No. 6425) 234 S. W. 532, opinion delivered November 2, 1921, not yet [officially] reported; Highshaw v. State, 234 S. W. 220, opinion delivered October 26, 1921, not yet [officially] reported.

¶3Judgment of the trial court is reversed, and prosecution ordered dismissed under the present indictment.