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BURLESON v. STATE

No. 41273.

429 S.W.2d 479 (1968)

Walter Von BURLESON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 24, 1968.

Attorney(s) appearing for the Case

Vincent W. Perini, Dallas, for appellant.

Henry Wade, Dist. Atty., Jim Ramsey, Arch Pardue, Ronald W. Chapman and Kerry P. FitzGerald, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

BELCHER, Judge.

The conviction is for perjury; the punishment, five years.

The appellant challenges the validity of the indictment on the ground that it does not charge an offense.

The perjury assigned is appellant's testimony given at Hill's trial that he and not Hill had stolen the automobile.

Omitting the formal parts of the indictment, the pertinent portions are as follows:

THE ISSUE: "whereupon it then and there...

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