Draper v. State
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. The appellant and James Beardall were indicted, on the 16th of September, 1858, for the murder of Louis Yare. The indictment charged the immediate killing to have been the act of Beardall; and that appellant was present, aiding, assisting, &c.
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. The appellant and James Beardall were indicted, on the 16th of September, 1858, for the murder of Louis Yare. The indictment charged the immediate killing to have been the act of Beardall; and that appellant was present, aiding, assisting, &c. The defendants were permitted to plead, and to be tried separately; and appellant being placed on trial, the jury found him guilty, and assessed his punishment at imprisonment in the penitentiary, at hard labor, for life. The testimony upon the trial showed, that Beardall and the appellant…
1Opinion of the CourtBell, J.
We are of opinion, that the court below erred, in permitting the declarations of Beardall to go to the jury, as evidence against the defendant, Draper.' Apart from the declarations of Beardall, the testimohy would have been wholly circumstantial. Beardall’s declaration made it certain, that Yare had come to his death, on the day when he was accompanied from Fort Lancaster, by Beardall and Draper. But for Beardall’s declaration, the jury might not have been satisfied of the main fact to be ascertained, viz., that Yare was killed by Beardall, at a time when Draper was present. The declaration…
2Cited by16 opinions
- Collins v. StateCourt of Criminal Appeals of Texas · 1980
- Clark v. StateCourt of Criminal Appeals of Texas · 1982
- Morris v. StateCourt of Appeals of Texas · 1882
- Floyd v. StateCourt of Criminal Appeals of Texas · 1931
- Martin v. StateCourt of Criminal Appeals of Texas · 1902
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