Carter v. State

Citations

• 23 Tex. Ct. App. 508
• 5 S.W. 128
• 1887 Tex. Crim. App. LEXIS 118

Syllabus

<p>Í. Horse Theft—Evidence.—The prosecution being for the theft of a horse in B. county on January 19, 1887, the State was permitted to prove, in rebuttal, that the defendant was seen in the city of B., in W. county, on the night of January 31, when another horse than that named in the indictment was there stolen. Held, that the said evidence was erroneously admitted, because it was irrelevant and immaterial, involved no issue in the case, and was not in rebuttal of any proof adduced by the defense.</p> <p>2. Same—Evidence that after his arrest the defendant refused to divulge his name was erroneously admitted, in view of the absence of evidence bringing such proof within the exceptions of Article 750 of the Code of Criminal Procedure.</p> <p>3. Same.—For the purpose of establishing identity in developing the res gestee, or to prove guilt by circumstances connected with the theft, or to show the intent with which the accused acted with respect to the property involved in the trial, it was competent for the State to prove the theft of other properly of the same kind at the time and place of the offense charged, but the failure of the trial court, in the charge to the jury, to so limit and circumscribe the purpose and effect of such proof was error.</p>