McGuire v. State

5 Citing cases

  1. Commonwealth v. Silva

    401 Mass. 318 (Mass. 1987)   Cited 42 times
    In Commonwealth v. Silva, 401 Mass. 318, 327-328 (1987), the Supreme Judicial Court indicated it was proper to cross-examine a defendant as to whether he could substantiate an alleged encounter with a person whom the defendant (a police officer) claimed "wanted to get him" (the defendant). It was permissible to ask the defendant if he knew that he could get police records to corroborate the alleged "contact in an official capacity" with that person.

    In modifying the quantitative rule to eliminate the requirement that the Commonwealth introduce direct testimony in every perjury prosecution, we follow a number of other States which recently have determined that convictions for perjury may be based on evidence other than direct testimony. E.g., State v. Sanchez, 204 Conn. 472 (1987), and cases cited therein; People v. Rosner, 67 N.Y.2d 290 (1986); McGuire v. State, 707 S.W.2d 223 (Tex. App. 1986). Where other kinds of evidence are "substituted for the testimony of a live witness, however, that evidence must be of a highly reliable order and the necessity for corroboration is not eliminated."

  2. Hutcheson v. State

    980 S.W.2d 237 (Tex. App. 1998)   Cited 2 times
    Stating that "there is no dispute that a `deposition' is an official proceeding"

    The State met its burden under Article 38.18 (a). See Chandler v. State, 756 S.W.2d 828 (Tex.App. — Corpus Christi 1988, pet'n ref'd); Springer v. State, 721 S.W.2d 510 (Tex.App. — Houston [14th Dist.] 1986, pet'n ref'd); McGuire v. State, 707 S.W.2d 223 (Tex.App. — Houston [14th Dist.] 1986, pet'n ref'd). Point of Error No. 3 is overruled.

  3. Chandler v. State

    756 S.W.2d 828 (Tex. App. 1988)   Cited 4 times

    The article now stands for the proposition that to obtain a conviction for perjury or aggravated perjury the State need only produce more than one witness. McGuire v. State, 707 S.W.2d 223 (Tex.App.-Houston [14th Dist.] 1986, pet. ref'd); Springer v. State, 721 S.W.2d 510 (Tex.App.-Houston [14th Dist.] 1987, pet. ref'd). The state has met this burden.

  4. Trybule v. State

    737 S.W.2d 617 (Tex. App. 1987)   Cited 7 times
    Overruling ineffective-assistance claims when undisputed evidence showed statements were voluntary and overwhelming evidence of guilt was not so egregious as to undermine confidence in result of trial

    McGuire v. State, 707 S.W.2d 223, 230 (Tex.App. 1986, pet. ref'd). Counsel's failure to properly investigate and prepare for trial is also faulted by appellant.

  5. Springer v. State

    721 S.W.2d 510 (Tex. App. 1987)   Cited 8 times

    This claim is not correct. Article 38.18(a) requires a conviction for perjury or aggravated perjury to be proven by more than one witness to the falsity of the statement. McGuire v. State, 707 S.W.2d 223 (Tex.App. — Houston [14th Dist.] 1986, pet. ref'd). Appellant's second point of error is overruled.