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. Page: 238

Da8 THE STATE V. PERRY. [Term of
Syllabus.
The evidence of the defendant's guilt being for the most part
circumstantial, is not as strong as it might be, still it is too
forcible to justify this court in setting aside the verdict of the
jury on appeal.
The evidence excluded from the jury might have been
admitted without prejudice to either side, still its exclusion
was no ground of error, because the evidence excluded was too
remote to have been entitled to any appreciable weight in
favor of the defendant. The object of the evidence was to
prove that there might possibly be in circulation, in the United
States of America, two twenty-dollar bills, numbered and lettered
"A," "1,967,712," of different series. The conclusion
sought to be drawn from this evidence, as favorable to the
defendant, was, that the bill lost by Thompson was a bill of
another series than that passed by Boon, although both were
of the same letter and number, "A," '1,967,712." The whole
force of this would depend upon the bare possibility that there
were two such bills in circulation at that time, and upon the
extremely remote chance, perhaps estimated as one to a million,
that the two such notes had happened to get at that time
in the Staborn House, near Cuero, in Western Texas, belonging
to two of its inmates.
We are of opinion that there is no such error exhibited in
the transcript of the record as would warrant a reversal of the
judgment.
Affirmed.
THE STATE V. JACKSON PERRY1.
PERJURY--I-TDICTMENT. An indictment for perjury, which fails to
charge by direct and positive averment that the false statement was
deliberately and willfully made, is bad.
2. INDICTMENT--PERJURY. An indictment for perjury founded on an oath
differing both in form and substance from that which the officer is
authorized by the statute to administer, is bad.