Legal Opinion

Tidwell v. State

Court of Criminal Appeals of Texas

Decided October 26, 1898No. 1895PublishedCited by 12 opinions

Appeal from the District Court of Tarrant. Tried below before Hon. Irby Dunklin. Appeal from a conviction for theft of a mule; penalty, two years imprisonment in the penitentiary.

Read the full summary

Appeal from the District Court of Tarrant. Tried below before Hon. Irby Dunklin. Appeal from a conviction for theft of a mule; penalty, two years imprisonment in the penitentiary. The indictment contained two counts, the first charging the theft of a mule, the property of A. M. Dillin, the other the theft of a mule, the property of Frank Grogan; both thefts alleged to have been committed on December 7, 1897. The evidence showed that Dillin owned the mule, but had left it to be kept by Grogan in his pasture (the Harrison pasture) until Dillin needed it. It was missed from Grogan’s pasture on…

1Opinion of the CourtHenderson, Judge

Appellant was convicted of the theft of a mule, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.

Appellant insists that the court committed an error in admitting the testimony of D. P. Clark as to the defendant’s alleged confession, on the ground that the same was not voluntary. We understand his contention to be, not that appellant was not properly warned, but that, after he Avas so Avarned, his confession or statement was elicited by interrogatories propounded to him by Clark. Because a confession may be elicited by questions is not…

2Cases cited2 opinions

  1. Kugadt v. StateCourt of Criminal Appeals of Texas · 1898
  2. Anderson v. StateCourt of Criminal Appeals of Texas · 1895

3Cited by12 opinions

  1. Pickens v. StateCourt of Criminal Appeals of Texas · 1920
  2. Bryant v. StateCourt of Criminal Appeals of Texas · 1965
  3. Smith v. StateCourt of Criminal Appeals of Texas · 1922
  4. State v. HaleHawaii Supreme Court · 1961
  5. Oliver v. StateCourt of Criminal Appeals of Texas · 1913

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API