Brown v. State

Citations

• 26 Tex. Ct. App. 308
• 9 S.W. 613
• 1888 Tex. Crim. App. LEXIS 192

Syllabus

<p>1, Practice—Confession.—The confession of an accused, made by Mm when under restraint, or that has been extorted from him by violence or persuasion, can not be used by the State in evidence against him. An exception to this rule is when, in connection with such confession, the accused makes a statement of facts which is subsequently found to be true, and which conduces to establish his guilt of the offense for which he is on trial. (Code Crim. Proc., art 750.) See this case in illustration.</p> <p>3. Same—Constitutional Law.—The exception above stated is not violative of section 10 of article 1 of the Constitution of this State. That section of the Constitution could be interposed to protect an accused against compulsion to give evidence as a witness against himself.</p>