Legal Opinion

Lauderdale v. State

Court of Criminal Appeals of Texas

Decided June 4, 1892No. 7614PublishedCited by 3 opinions

Appeal from the District Court of Erath. Tried below before Hon. C. K. Bell. This appeal is from a conviction of appellant, in the court below, on the second count of the indictment, which charged him as an accomplice to arson, his punishment being assessed at five years confinement in the State penitentiary.

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Appeal from the District Court of Erath. Tried below before Hon. C. K. Bell. This appeal is from a conviction of appellant, in the court below, on the second count of the indictment, which charged him as an accomplice to arson, his punishment being assessed at five years confinement in the State penitentiary. On his trial the State was permitted, over his objection, to introduce in evidence against him his confessions given in evidence at the examining trial of his codefendants, under an agreement made by him with the county attorney, which agreement, it was claimed, that he had subsequently…

1Opinion of the Court

HURT, Presiding Judge.

Appellant stands convicted of arson, as an accomplice, his punishment being assessed at five years in the penitentiary.

It appears from the record that Wade and others were also indicted and convicted for this offense; that appellant refused, upon the trial of Wade, to testify for the State, because his evidence would criminate himself. It also appears that appellant had testified for the State on the examining trial, his evidence being conclusive of his own guilt. Under the following circumstances, the testimony taken before the examining, court, over his objection, was…

2Cases cited1 opinion

  1. Hamilton v. PeopleMichigan Supreme Court · 1874

3Cited by3 opinions

  1. People v. BuckminsterIllinois Supreme Court · 1916
  2. Caudle v. StateCourt of Criminal Appeals of Texas · 1930
  3. White v. StateCourt of Criminal Appeals of Texas · 1926

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