Heath v. State
Court of Appeals of Texas
Appeal from, the District Court of Kaufman. Tried below before the Hon. G. J. Clark. Jointly with the appellant, the indictment charged D. C. Moore, B. B. Kaufman, and Buck Smith with the theft of a steer, the property .of H. T. Nash. The two latter defendants were examined by the State, and the conviction' was obviously attributable to their testimony, which implicated themselves at least as clearly as it did the appellant, who was alone upon trial.
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Appeal from, the District Court of Kaufman. Tried below before the Hon. G. J. Clark. Jointly with the appellant, the indictment charged D. C. Moore, B. B. Kaufman, and Buck Smith with the theft of a steer, the property .of H. T. Nash. The two latter defendants were examined by the State, and the conviction' was obviously attributable to their testimony, which implicated themselves at least as clearly as it did the appellant, who was alone upon trial. The statement of facts is quite lengthy, and a detail of the evidence is not deemed necessary to a clear comprehension of the rulings made.…
1Opinion of the CourtClark, J.
The instructions asked by the defendant, to the effect that a conviction cannot be had on the uncorroborated testimony of two accomplices, while not drawn with legal accuracy, should have been given by the court with. proper corrections and additions. The prosecution was supported chiefly by two witnesses, who had been indicted jointly with the defendant, and who, from their own testimony, participated in the commission of the act for which the defendant was on trial.
The general charge of the court, upon this point, instructed the jury that a conviction could not be had upon the testimony of…
2Cases cited3 opinions
- Bishop v. StateTexas Supreme Court · 1875
- Johnson v. StateTexas Supreme Court · 1865
- Roberts v. StateTexas Supreme Court · 1875