Gusemano v. State
Court of Criminal Appeals of Texas
On one of the nights early in May a railway ear in the possession of one Bush was broken open and considerable merchandise taken therefrom. The officers were notified of this burglary and by daylight the next morning they had traced a wagon from the place where the car was burglarized to the store of appellant. The goods stolen consisted largely of shoes wrapped with a peculiar kind of paper.
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On one of the nights early in May a railway ear in the possession of one Bush was broken open and considerable merchandise taken therefrom. The officers were notified of this burglary and by daylight the next morning they had traced a wagon from the place where the car was burglarized to the store of appellant. The goods stolen consisted largely of shoes wrapped with a peculiar kind of paper. These officers testified that they found some of this paper where the car had been burglarized and after tracing the wagon to appellant’s store they found some of the identical kind of paper in the back…
1Concurrence
PRENDERGAST, Judge, and HARPER, Judge.
We concur in the reversal of the case, but not in the first proposition herein discussed. Mr. Branch in his Criminal Law, sec. 875, correctly we think lays down the rule to be that if it is sought to be shown that the witness testified from corrupt motives, then he can be sustained by showing that before the motive existed, he had made the same statement. In this case, it being sought to be shown that the witness had testified under an agreement that he would not be prosecuted for the offense, this would be an effort to show a corrupt motive, and rendered…
2Cases cited6 opinions
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1895
- Jones v. StateCourt of Criminal Appeals of Texas · 1897
- Reddick v. StateCourt of Criminal Appeals of Texas · 1896
- English v. StateCourt of Criminal Appeals of Texas · 1895
- Keith v. StateCourt of Criminal Appeals of Texas · 1898
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