Spears v. State
Court of Appeals of Texas
Appeal from the District Court of Milam. Tried below before the Hon. J. N. Henderson. The charging part of the indictment reads as follows: “* * * that Jade Parker, Bud Milam, Julius Thompson, Henry Jackson, Sam McLaughlin, Mat Milam, Jack Spears and Jim Spears, late of the county of Milam, on the thirtieth day of March, in the year of our Lord 1887, with force and arms, in the county of Milam, and State of Texas, did then and there wantonly and willfully, and without the…
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Appeal from the District Court of Milam. Tried below before the Hon. J. N. Henderson. The charging part of the indictment reads as follows: “* * * that Jade Parker, Bud Milam, Julius Thompson, Henry Jackson, Sam McLaughlin, Mat Milam, Jack Spears and Jim Spears, late of the county of Milam, on the thirtieth day of March, in the year of our Lord 1887, with force and arms, in the county of Milam, and State of Texas, did then and there wantonly and willfully, and without the consent of W. S. Carothers, the owner, and with intent to injure the said S. W. S. Carothers, cut, injure and destroy a…
1Opinion of the Court
"Willson, Judge.
In instructing the jury in relation to the testimony of a State’s witness, the court used the following language: “In contemplation of our law with reference to accomplice testimony, the court charges you that John Thomas, the witness introduced by the State, is an accomplice with the defendant,” etc. This portion of the charge was excepted to by the defendant, and is presented for our revision by proper bill of exception,
It is manifest that the court erred in giving such charge. It explicitly tells the jury that the witness Thomas is an accomplice with the defendant. This was…
2Cited by3 opinions
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- Driggers v. United StatesCourt Of Appeals Of Indian Territory · 1907