· 10/15/1868

Ake v. State

Citations

  • 31 Tex. 416

Syllabus

<p>See the evidence for a case where the proof was held to be wholly insufficient to convict the accused, who was present, of any participation in the homicide.</p> <p>Where there was no evidence from which a conspiracy might be inferred, and the facts tended to prove that the homicide was the result of a sudden conflict, murder is not proved.</p> <p>The confessions of a co-defendant, given under torture, that he aided the killing, and his subsequent plea of guilty of murder in the second degree, prove nothing against those who do not confess.</p>

Judges: Caldwell

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