Allison v. State

Citations

• 14 Tex. Ct. App. 122
• 1883 Tex. Crim. App. LEXIS 135

Syllabus

<p>1. Theft—Accomplice—Charge of the Court—Case Stated.—A State’s witness having been informed by the defendant of his, defendant’s, intention to steal J.’s horse, communicated such information to J. Thereupon J. and the witness entered into an agreement that J. would place his horse at a certain place at a certain time, and that the witness should accompany the defendant to the place at the time agreed upon, ostensibly as his confederate, but in fact to aid J. in the capture of the defendant in the very act of committing the offense. Held, that had such agreement been carried out, and the theft occurred at the time and place, and under the circumstances agreed upon, the witness could not be held to have been an accomplice. Held, further, that though the agreement was not carried out, and the horse was stolen at another place and at another time, the witness was not an accomplice, and the trial court was not bound to charge the jury upon the law of accomplice’s testimony</p> <p>2. Same—Confessions of Unwarned Prisoner.—An exception to the general rule which excludes as inculpatory evidence the confessions of an unwarned prisoner is when, in connection with that confession, he states facts which are subsequently found to be true, and which conduce to establish his guilt. Note in the opinion a state of facts held, as presented, too remote to come within the exception.</p>