Alston v. State

Citations

• 41 Tex. 39

Syllabus

<p>1. Imperfect verdict.—On a trial for theft from a house, the jury brought in a verdict, “We, the jury, find the defendants guilty, and assess their fine at twenty dollars,” which the court refused to receive ; after further deliberation the jury found a verdict of “guilty as charged: ” jHeld, that as the rejected verdict was not responsive to the issue, it was properly rejected, and that it did not have the effect of acquittal as to the charge of theft from a house.</p> <p>2. Admissions of defendant.—The statements of the defendant, when examined as a witness in another case, may be given in evidence by the State against her, there being no intimidation or persuasion, although it did not appear that defendant, when examined as a witness, knew she could decline to criminate herself.</p> <p>3. Confessions.—Testimony taken before an examining court and reduced to writing by the justice, but not signed by the witness, when in effect a confession, may be proven against the witness when on trial by parol evidence.</p> <p>4. Domestic servant—Theft.—Where the evidence showed that the accused was a domestic servant of the person from whose house the property was stolen, the offense is only simple theft, and not theft from a house.</p>