12 ALLEN V. THE STATE. [Tyler Term,.
Argument for the appellant.
justified them in their conclusion or not, it would seem
that the excuse, being made on the next day after the
default, and being accompanied with an affidavit of a meritorious
defense, should have been held sufficient. The
case of Dowel v. Winters, 20 Tex., 797, sustained the sufficiency
of a mistake of law as an excuse; and the rules
there laid down are decisive of the present case: " 'It does
not appear that the trial would have been delayed. The
plaintiff would not have been injured or hindered by reason
of the default." "What appears a strong case of
merits is presented, and there is reason to apprehend that,
if not allowed to make defense, irreparable injury may be
We remark that the presence of appellant's counsel in
the court room whilst the writ of inquiry was being prosecuted
is not inconsistent with his failure to actually notice
what was being done.
The judgment is reversed and the cause remanded.
REVERSED AND REMANDED.
THOMAS ALLEN V. TIE STATE.
1. PERJURY.--Al indictment for perjury, since the adoption of the
Penal Code, must aver that the statement upon which the perjury
is assiogaed was deliberately and willfully made.
2. INDICT:MENT.-An indictment for perjury is good if each of the
essential constituents of the offense, as defined in the code, are
alleged in plain and intelligible words.
APPEAL from Iarrison. Tried below before the lion.
M. D. Ector.
Thomas Allen was indicted and convicted of the crime
of perjury, and has appealed.
Turner L Jipscomb, for appellant, cited Campbell v. The.
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 July 22, 2014.