Thomas v. State
Court of Criminal Appeals of Texas
The indictment charged that on the 25th day of May, 1900, one John Lindley did, of his malice aforethought, kill Pomp Trammel, by shooting him with a gun; and further charged this appellant as an accom-' plice to said murder, in that he, though not present at the time of the killing, had previously advised and encouraged the said John Lindley to commit said murder.
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The indictment charged that on the 25th day of May, 1900, one John Lindley did, of his malice aforethought, kill Pomp Trammel, by shooting him with a gun; and further charged this appellant as an accom-' plice to said murder, in that he, though not present at the time of the killing, had previously advised and encouraged the said John Lindley to commit said murder. Lindley had been previously tried and convicted of the murder and was sentenced for life to imprisonment in the penitentiary. On this trial John Lindley, the principal, was a witness, and he testified as follows: “I know the…
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted as an accomplice to the murder of Pomp Trammell,—John Bindley being the principal,—and his punishment assessed at twenty-five years confinement in the penitentiary.
The confessions of Bindley, the principal, were admitted in evidence over appellant’s objections. In this there was no error. It was necessary, in order to secure the conviction of the accomplice, to prove the guilt of the principal as alleged, and any legitimate fact or circumstance which showed or tended to show the guilt of the principal was admissible in evidence for that…
2Cases cited1 opinion
- Carlisle v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by9 opinions
- State v. MitchellSupreme Court of Iowa · 1908
- Borrer v. StateCourt of Criminal Appeals of Texas · 1918
- Millner v. StateCourt of Criminal Appeals of Texas · 1913
- Pueblo v. BonelliSupreme Court of Puerto Rico · 1913
- Spencer v. StateCourt of Criminal Appeals of Texas · 1911
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