THIE STATE V. PETERS. Tyl Term
Opinion of the colrt.
G. IW. Smith, for State.
Pentn Todd, for appellee.
MoonE, ASSOCIATE JUsTICE.-- The essential constituents
Moon-E, , ASSOCIATE JTJST1Cr,,.-^he le Crimialu Code,
of the crime of perjtry, as dlefined by the Crimi
are, 1, the making of . false statcenenlt, either written or
verbal; 2, said statement must be deliberately and willfully
made; 3, it must relate to something past or preSent;
4, it nmst be mnadoe uder the sanction of a oath, or
afirmation equivalcl0t by law to an oath; 5, the oath or
affirmation must be legally administered, under circlmstances
in which it is required by law, or is necessary for
the prosecutioll or defense of a private riglt, or for the
ends of public justice.
If, from the matters alled in e indicate, it is found
that these constituents of the offense are ch in plain
and intelligible words, it is all that is required. It is not
to be understood, of course, that it is sufficient merely to
charge the defendant with guilt of the constituents of the
offense; that would be simply to set out in the indictment
the elements or definition of an offense. The indcetendmust
state the acts and things done and said by th thdeend
ant, with such facts and circumstances connected with them,
with such fulllless and particularity for it to appear plainly
and intelligibly that the matter herewith he is charged
contains these essential constituents in the definition of the
Does the indictment in this case satisfy these requirements?
is the question for our determination. Unquestionably
the indictment sets out, with suffiiellt clearness
and detail, a statement i ritin relate n to a matter i
the past, and charges the same to have been delilerately
and willfully mnlade by defendant, with a proper traverse
of its truth. If the alleged statement was made under the
sanction of ain oath leTally administered, it is apparent
from the circumstances under which it was administered
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed March 16, 2014.