Campbell v. State
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. L. Lindsay. Stewart Campbell was indicted, November, 1872, for theft of a woidc ox, of the value of twenty-five dollars.
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Appeal from Colorado. Tried below before the Hon. L. Lindsay. Stewart Campbell was indicted, November, 1872, for theft of a woidc ox, of the value of twenty-five dollars. On his trial, after the State and the defendant had closed (the witnesses having been placed under the rule), and examined, and the jury had received the charge of the court, and had retired, and had been out for twelve hours, the jury came back to the court-room, and requested permission to re-examine Henry S. Clark, a witness for the State, and the alleged owner of the ox alleged to have been stolen. This permission was…
1Opinion of the CourtMoore, J.
The court erred in permitting Clark, the witness for the State, to be recalled and examined in the manner shown by the bill of exceptions, after the case had been submitted to the jury. The circumstances under which a witness who has testified may be recalled, and the extent and character of his re-examination are clearly and plainly laid down in Article 615, Code of Criminal Procedure, which i;eads as follows, to wit:
“ If the jury disagree as to the statement of any particular *594“ witness, they may, upon applying to the court, have such wit- “ ness brought upon the stand, and he shall be…
2Cited by15 opinions
- Essary v. StateCourt of Criminal Appeals of Texas · 1908
- American Nat. Bank of Wichita Falls v. HaggertonCourt of Appeals of Texas · 1922
- Holsey v. StateCourt of Appeals of Texas · 1887
- Bizzell v. StateCourt of Criminal Appeals of Texas · 1913
- Blake v. StateCourt of Criminal Appeals of Texas · 1928
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