Legal Opinion

Walker v. State

Court of Appeals of Texas

Decided October 23, 1889No. 3177PublishedCited by 3 opinions

Appeal from the District Court of Chambers, on change of venue from Liberty. Tried below before Hon. L. B. Hightower. The appellant was convicted in the first degree for the murder of J. C. Dacour, his punishment being assessed at a life term in the penitentiary.

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Appeal from the District Court of Chambers, on change of venue from Liberty. Tried below before Hon. L. B. Hightower. The appellant was convicted in the first degree for the murder of J. C. Dacour, his punishment being assessed at a life term in the penitentiary. The one question determined on this appeal was the competency as evidence of a certain statement made by the defendant, and it is not necessary that the case should be more fully stated than is required by the ruling. It appears from the record that one Charles Brown was arrested upon the charge of having murdered J. C. Lacour, and…

1Opinion of the CourtWillson, Judge

We are of the opinion that the written statement admitted in evidence against the defendant over his objections thereto is incompetent evidence and should have been rejected. Said statement *114can not be considered a voluntary statement such as is provided for by statute. Code Crim. Proc., art. 262. It was not made by the defendant as a voluntary statement. It was sworn to by him. It was not authenticated as a voluntary statement by the magistrate before whom it purports to have been made. It is clear to our minds that the statement was not admissible in evidence as a voluntary statement under…

2Cited by3 opinions

  1. Dodson v. StateCourt of Criminal Appeals of Texas · 1921
  2. Pierce v. StateCourt of Criminal Appeals of Texas · 1921
  3. Pierce v. StateCourt of Criminal Appeals of Texas · 1921

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