Carter v. State
In Carter v. State, 140 Tex. Crim. 324, 144 S.W.2d 582 (1940) the Court held that, when a defendant in an underlying criminal case attached juror Carter's affidavit, which allegedly contained false statements, to his motion for a new trial, the juror's affidavit had been "used" in the underlying criminal proceedings.
Specifically, we stated:
under the statute defining perjury ... it was not necessary that the affidavit be introduced in evidence if it was attached to the motion for a new trial.
The affidavit, together with the motion, was presented to the court with the view and for the purpose of obtaining a new trial on the facts therein stated and thus brought it within the purview of the State." Id. at 332, 586.
Thus, for purposes of prosecuting the juror for perjury, the juror's affidavit, attached to a motion filed in court by someone in the underlying criminal proceeding in which the actor had been a juror, had been "used or attempted to be used" for purposes of the perjury statute. Id.