Legal Opinion

Jackson v. State

Court of Criminal Appeals of Texas

Decided May 2, 1894No. 344PublishedCited by 18 opinions

Appeal from the District Court of McLennau. Tried below before ■Hon. S. R. Scott. Appellant was jointly indicted with Ben Moore and Rufus Thompson for the robbery of one Charles Dick, and taking from his person . and possession by assault and violence the sum of $5.25. It seems ■ that Thompson had been previously tried and acquitted.

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Appeal from the District Court of McLennau. Tried below before ■Hon. S. R. Scott. Appellant was jointly indicted with Ben Moore and Rufus Thompson for the robbery of one Charles Dick, and taking from his person . and possession by assault and violence the sum of $5.25. It seems ■ that Thompson had been previously tried and acquitted. Appellant was alone placed upon trial in this prosecution, and the trial resulted in his conviction, with the punishment assessed at five years in the penitentiary. The important testimony in the case is as follows: Charley Dick, first witness for the State,…

1Opinion of the Court

• DAVIDSON, Judge.

Appellant, Thompson, and Moore were jointly indicted for the crime of robbery. Thompson was tried and acquitted. While testifying in behalf of appellant this fact was sought to be proved by this witness, but, on objection by the State, was re-' jected. This was error. His complicity in the robbery was kept prominently before the jury throughout the trial. This tended, clearly, to affect and impair the force of his testimony. Proof of his acquittal would have tended to place him in a much more favorable light before the jury, and it was of the greatest importance to appellant…

2Cases cited9 opinions

  1. Connors v. . the PeopleNew York Court of Appeals · 1872
  2. People v. . CaseyNew York Court of Appeals · 1878
  3. Brandon v. . the PeopleNew York Court of Appeals · 1870
  4. People v. RodrigoCalifornia Supreme Court · 1886
  5. Carroll v. StateCourt of Criminal Appeals of Texas · 1893

4 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Commonwealth v. QuarantaSupreme Court of Pennsylvania · 1928
  2. Serrato v. StateCourt of Criminal Appeals of Texas · 1914
  3. Poore v. StateCourt of Criminal Appeals of Texas · 1975
  4. Holder v. StateCourt of Criminal Appeals of Texas · 1940
  5. Long v. StateCourt of Criminal Appeals of Texas · 1931

13 more not listed; retrieve them via the Exa API.

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