Legal Opinion · Dissent

Grimsinger v. State

Court of Criminal Appeals of Texas

Decided April 30, 1902No. 2325Published

Appellant was charged by the indictment, in three counts, with the murder of John Grimsinger (her husband), on the 16th day of January, 1901, by striking him with an ax handle, with an ax, and with an instrument unknown to the grand jury. This is a companion case to Juan Rocha v. State, 43 Texas Grim.

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Appellant was charged by the indictment, in three counts, with the murder of John Grimsinger (her husband), on the 16th day of January, 1901, by striking him with an ax handle, with an ax, and with an instrument unknown to the grand jury. This is a companion case to Juan Rocha v. State, 43 Texas Grim. Rep., 169. A full conception of the material facts attendant upon the homicide may be gained by a reference to that case in connection with the opinion in this case, and no additional statement is required.

1Dissent

Appellant insists that the court erred in admitting in evidence the confession of Mrs. Grimsinger, made by her before the grand jury, and as testified to by the witness Cook. Appellant urges that said confession made before the grand jury was not admissible in evidence on the ground that the truth or falsity of any statement made by her, not being an issue, it was not competent for the State to go into the grand jury room and produce her confession against her. This contention was formerly the law in this State. Hines v. State, 37 Tex. Crim. 339; Gutgesell v. State, 43 S.W. Rep., 1016;…

2Cases cited3 opinions

  1. The People v. . McMahonNew York Court of Appeals · 1857
  2. Paris v. StateCourt of Criminal Appeals of Texas · 1895
  3. Hines v. StateCourt of Criminal Appeals of Texas · 1897

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