Allen v. State

Citations

• 8 Tex. Ct. App. 67

Syllabus

<p>1. Oombssiohs, admissions, or declarations made by one of several persons who were confederated in an unlawful enterprise, if made after its consummation, are not evidence against the others without their acquiescence in them. Note the facts of this case in illustration.</p> <p>2. Bvidehce—Practice.—When oral evidence of a fact is offered, and objection is raised on the ground that there is written and better evidence of the fact, it is incumbent on the objector to produce the writing itself, or proof that it was once in existence.</p> <p>§. Same. —In a trial for horse-theft, there being proof that the defendant and two companions were together when the stolen animal was sold by one or more of them, a witness for the prosecution was allowed, over objection by the defence, to state that all three of them “seemed” to be interested in effecting the trade. Held, that, as the witness further stated the facts on which his opinion was based, no material error is apparent.</p>