·1875.] ALLEN v. THE STATE. 13
Opinion of the court.
People, 8 Wend., 636; 3 Arch. Cr. Prac., 592, 599; 2
Chit. Cr. Law, 309; 2 Starkie Rep., 423, and note; Commonwealth
v. Knight, 12 Mass., 274; Commonwealth
v. Cook, 1 Rob., 729; The State v. Wall, 9 Yerg., 374;
7 HIumph., 250; State v Johnson, 7 Black., 49; Withers
v. The State, 2 Mo., 8; 2 Black., 279; Whart., 2161,
2262; The State v. Lindenberg, 13 Tex., 29; Thomas v.
Commonwealth, 2 Rob. Va., 795; Juaraqui v. The State,
28 Tex., 625.
W. Steadmarn and W. II. Pope, and George Clark, Attorney
General, for the State.
MOORE, AsSOCIATE JUSTICE.-The appellant is charged
in the indictment with " knowingly, falsely, corruptly,
wickedly, and willfully" making the statements which are
assigned as perjury. These adverbial words are used to
define the character of the defendant's act in giving the
testimony alleged to be false. They are mostly the same
which are generally used for this purpose in indictments
for perjury under the common law. And although it has
never been held to be absolutely essential to use all of
them, it must appear from such as are used, or from equivalent
expressions, that the intent of the defendant in making
the statements traversed in the indictment is of the
character essential to constitute the offense of perjury as
defined by the common law. And if the indictment is
under a statute, then such of them as are statutory words
defining the offense, or others of like legal import, must
The words which we have quoted, although the word
"' maliciously," which is generally found in the forms, has
been omitted, would probably have been sufficient to support
the indictment at common law or under our statutes
prior to the adoption of the code. (Hart. Dig., art. 2678;
The State v. Luderburg, 13 Tex., 27.) By the code, however,
it is said the statement upon which the perjury is
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 8, 2014.