Oates v. State
Court of Criminal Appeals of Texas
The court below gave the following charge on accomplice’s testimony: “The court instructs you that the witness Frank McCue under the evidence in this case and under the law as it is written is an accomplice, and you are further instructed that you cannot find the defendant guilty upon his testimony unless you are satisfied that the same has been corroborated by other evidence tending to establish that the defendant did in fact commit the offense—the evidence of the…
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The court below gave the following charge on accomplice’s testimony: “The court instructs you that the witness Frank McCue under the evidence in this case and under the law as it is written is an accomplice, and you are further instructed that you cannot find the defendant guilty upon his testimony unless you are satisfied that the same has been corroborated by other evidence tending to establish that the defendant did in fact commit the offense—the evidence of the accomplice must be corroborated not merely as to the commission of the crime, but also by evidence tending to show defendant’s…
1Opinion of the Court
DAVIDSON, Presiding Judge.
The jury assessed the death penalty for murder. This is the second appeal of this case: the first being reported in 12 Texas Ct. Rep., 921.
The questions with reference to change of venue, motion to quash venire, overruling challenge to 'juror Pilcher, calling the case out of its regular order, and the supposed error in overruling application for continuance will not be discussed for they may not arise upon another trial, and some of them cannot so arise. The question suggested for a change of venue may not be involved upon another trial, and if so, it would become a…
2Cases cited3 opinions
- Bell v. StateCourt of Criminal Appeals of Texas · 1898
- Jones v. StateCourt of Criminal Appeals of Texas · 1903
- Washington v. StateCourt of Criminal Appeals of Texas · 1904
3Cited by9 opinions
- Oates v. StateCourt of Criminal Appeals of Texas · 1912
- Oates v. StateCourt of Criminal Appeals of Texas · 1909
- Davis v. StateCourt of Criminal Appeals of Texas · 1909
- Moxie and Brackens v. StateCourt of Criminal Appeals of Texas · 1908
- Wadkins v. StateCourt of Criminal Appeals of Texas · 1910
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