Legal Opinion

Rains v. State

Court of Criminal Appeals of Texas

Decided May 2, 1894No. 376PublishedCited by 9 opinions

Appeal from tbe District Court of Houston. Tried below before Hon. A. B. WATKINS. This appeal is from a conviction for arson, the punishment being assessed at five years’ imprisonment in the penitentiary. The indictment charged appellant, John Rains, and Ralph Barrs and Jim Hunter with setting fire to the storehouse of J. P. Grant and FT. M. Rayburn. The case as to Barr and Hunter was nolle prossed by the district attorney for want of sufficient evidence against them.

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Appeal from tbe District Court of Houston. Tried below before Hon. A. B. WATKINS. This appeal is from a conviction for arson, the punishment being assessed at five years’ imprisonment in the penitentiary. The indictment charged appellant, John Rains, and Ralph Barrs and Jim Hunter with setting fire to the storehouse of J. P. Grant and FT. M. Rayburn. The case as to Barr and Hunter was nolle prossed by the district attorney for want of sufficient evidence against them. The matters pertaining to the confession of defendant to the officer arresting him are thus stated in the testimony of the…

1Opinion of the Court

HURT, PRESIDING Judge.

This is a conviction for arson. Without the confession of the accused, the evidence is not sufficient to support this conviction. Deputy Sheriff Watts swears, that he cautioned accused, and this being so, the confessions were admissible; but there are strong circumstances in this record which tend to show that Watts had not cautioned the defendant at any time. Under this condition the court should have instructed the jury, that if they believed that Watts had cautioned the accused before the latter made the confession, then such confession should be considered by them,…

2Cited by9 opinions

  1. Butler v. StateCourt of Criminal Appeals of Texas · 1973
  2. Hamlin v. StateCourt of Criminal Appeals of Texas · 1898
  3. Favro v. StateCourt of Criminal Appeals of Texas · 1898
  4. Fernandez v. BetoDistrict Court, N.D. Texas · 1968
  5. Gonzalus v. StateCourt of Criminal Appeals of Oklahoma · 1912

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