Crain v. State
Texas Supreme Court
Appeal from Rusk. Tlie indictment charged that the defendant “ did play at a certain game with cards, upon which “ money was bet, in a certain out-house where people resort, then and there situate, contrary,” &c.
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Appeal from Rusk. Tlie indictment charged that the defendant “ did play at a certain game with cards, upon which “ money was bet, in a certain out-house where people resort, then and there situate, contrary,” &c. After the State had proved a playing as alleged, the defendant offered to prove that the playing proved was not the same playing upon proof of which the indictment was found, and that there was then pending in the same Court another indictment -against defendant, for the playing now proved ; but the Court refused to permit such proof to be made. The Court instructed the jury as…
1Opinion of the CourtWheeler, J.
There is no authority or precedent which would have warranted the admission of the evidence, sought to be introduced on behalf of the defendant in this case. Upon no principle was it admissible, on a trial upon the plea of not guilty, to go into the question, upon what evidence the Grand Jury found the indictment. The issue upon that plea was, guilty or not guilty of the offence as charged in that indictment. The evidence proposed was not only wholly foreign to the issue ; but it was proposed to institute an inquiry into the proceedings of the Grand Jury, as unwarranted as it would have been…
2Cited by2 opinions
- Edwards v. StateCourt of Criminal Appeals of Texas · 1914
- Cotton v. StateTexas Supreme Court · 1875