Roberts v. State
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. W. H. Andrews. James Roberts, Wm. Ledbetter, C. J. Ake, Branceford Marshall, and James Glass were indicted for theft of a gelding, the property of R. W. Lane. Roberts was put upon trial at the January Term, 1875, when the district attorney entered nolle prosequi as to Ake and Ledbetter.
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Appeal from Hunt. Tried below before the Hon. W. H. Andrews. James Roberts, Wm. Ledbetter, C. J. Ake, Branceford Marshall, and James Glass were indicted for theft of a gelding, the property of R. W. Lane. Roberts was put upon trial at the January Term, 1875, when the district attorney entered nolle prosequi as to Ake and Ledbetter. R. W. Lane, witness for the State, testified to bis horse, branded R. L., being stolen on the night of the 7th of October, 1874. Other witnesses testified to the pursuit of the parties, and that the horse branded R. L. was found in Cass county in the possession of…
1Opinion of the Court
Gould, Associate Justice.
A careful examination of the evidence as set forth in the statement of facts has satisfied *122us that the testimony of Alte, who was undoubtedly an accomplice and who seems to have been so regarded on the trial and in the charge of the court, was not corroborated by other evidence tending to connect the defendant with the alleged offense.
The rule established by the code “is in accordance with what is the practice of courts generally,” and forbids a conviction on the testimony of an accomplice, unless corroborated “by other evidence tending to connect the defendant with…
2Cases cited2 opinions
- Barrara v. StateTexas Supreme Court · 1874
- Bruton v. StateTexas Supreme Court · 1858
3Cited by6 opinions
- Blakely v. StateCourt of Appeals of Texas · 1888
- Crissman v. StateCourt of Criminal Appeals of Texas · 1922
- Welden v. StateCourt of Appeals of Texas · 1881
- Heath v. StateCourt of Appeals of Texas · 1879
- Jones v. StateCourt of Criminal Appeals of Texas · 1910
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