Opinion

Lyle v. State

  • 31 Tex. Crim. 103
  • 19 S.W. 903
  • 1892 Tex. Crim. App. LEXIS 33
Court
Court of Criminal Appeals of Texas
Filed
Jun 25, 1892
Status
Published
Author
Simkins
On the bench
Simkins, Hurt
Cited by
7 cases

The opinion

SIMKINS, Judge.

It is with hesitancy I concur in the conclusion of the presiding judge, reversing this cause. But I do not concur in all the reasons given in the opinion. The principal, if not the only, defense was the condition of defendant’s mind at the time he made the statement before the grand jury, upon which the charge of perjury was predicated. Defendant denied that he was in such a condition as to have been capable of committing perjury. The charge of the court-upon the mental status seems to limit the right of defense only to statements made under mere agitation, inadvertence, or mistake. This defense was not set up or relied upon in the case. The charge was too restrictive, and, in effect, instructed the jury to disregard the defense which the court had admitted as competent evidence. I think the charge asked by defendant should have been given.

Davidson, J., dissents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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