Bailey v. State

Citations

• 26 Tex. Ct. App. 706
• 9 S.W. 270
• 1887 Tex. Crim. App. LEXIS 241

Syllabus

<p>2. Practice — Continuance — New Trial. —See the opinion in extenso for the substance of absent evidence set out in an application for a continuance held not to entitle the accused to a continuance, because, as stated in the application, it would in any event be inadmissible, and because, in the second place, in viewoi? the proof on the trial, its falsity is apparent. Por the same reasons the trial court did not err in refusing a new trial asked because of the overruled application,</p> <p>8. Same—Confessions.—The confession of an accused, made after arrest and while in custody, if voluntarily made after due caution that it may be used in evidence against him, is competent for the State, even though it was elicited by the questions of the prosecuting attorney. See the opinion on the question as applied to this ease.</p> <p>8. Same—Jury Law.—The mere separation of accepted jurors, pending the completion of the jury, even though it be shown that the separated jurors conversed with outside persons while so separated, will not necessarily require the reversal of a conviction.</p> <p>4. Murder—Accomplice Testimony—Pact Case.—The principle is well settled that a conviction for crime can not be had upon the uncorroborated testimony of an accomplice. See the statement of the case for evidence held sufficient not only to corroborate the testimony of the accomplice, but, independent of the accomplice testimony, sufficient to support a capital conviction for murder. .</p> <p>5. Same—Charge of the Court.—Omissions in the charge of the court, unless excepted to, or unless the defendant seeks to supply them by special instructions, will be revised by this court only when they are calculated to prejudice the accused.</p>