Andrews v. State
Court of Appeals of Texas
Appeal from the District Court of Harrison. Tried below before the Hon. J. G-. Hazlewood. The conviction in this case was for the theft of a cow, the property of Doctor E. B. Blocker, in Harrison county, Texas, on the third day of February, 1888. The penalty assessed against the appellant was a term of two years in the penitentiary. Morris Bath was the first witness for the State.
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Appeal from the District Court of Harrison. Tried below before the Hon. J. G-. Hazlewood. The conviction in this case was for the theft of a cow, the property of Doctor E. B. Blocker, in Harrison county, Texas, on the third day of February, 1888. The penalty assessed against the appellant was a term of two years in the penitentiary. Morris Bath was the first witness for the State. He testified that he saw the defendant in possession of Doctor Blocker’s cow on or about February 1, 1888. The cow was then in the defendant’s yard. Defendant told witness that the cow was 'his, but did not say…
1Opinion of the Court
Willson, Judge.
Defendant proposed to prove by several witnesses that, on the day after he took possession of the alleged stolen cow, he stated that he had taken up said cow as an estray, and believing the same to be an estray. This proposed testimony was rejected upon objection made thereto by the dis*344trict attorney, upon the ground that such statements were self serving declarations. At the time said declarations are alleged to have been made, the defendant had possession of the cow." We are of the opinion that the court erred in rejecting said testimony. It is well settled that, when…
2Cited by3 opinions
- Corley v. StateCourt of Criminal Appeals of Texas · 1954
- Corley v. StateCourt of Criminal Appeals of Texas · 1954
- Corley v. StateCourt of Criminal Appeals of Texas · 1954