Polke v. State (118 S.W.2d 793, 1938)

CHRISTIAN, Judge.

The offense is perjury; the punishment, confinement in the penitentiary for two years.

I. R. Jones had been indicted for making an assault upon P. A. Cobb with a pistol which it was alleged- Jones was unlawfully carrying. During an investigation of the charge against Jones appellant appeared as a witness before the grand jury, and, according to the testimony of the State, testified, in substance, that he had not requested Jones to go with him to the place of the alleged assault for the purpose of aiding him (appellant) in quelling a disturbance of the peace. Appellant was a constable, and the question before the grand jury was whether Jones was lawfully carrying a pistol after being called upon by the appellant to aid him in making an arrest on the occasion in question. Based upon appellant’s testimony, the grand jury indicted Jones, and thereafter he was brought to trial. Appellant appeared as a witness in Jones’ behalf, and, in substance, testified that he had requested Jones, in his capacity as a peace officer, to aid him in quelling the disturbance. In short, appellant’s testimony, if believed, showed that Jones was lawfully carrying a pistol. After appellant had .so- testified, he was questioned by the district attorney concerning his testimony before the grand jury. In response to these questions, he denied that he had testified before the grand jury that he did