Creswell v. State

Citations

• 14 Tex. Ct. App. 1
• 1883 Tex. Crim. App. LEXIS 109

Syllabus

<p>1. Practice — Case Stated.—Before announcing ready for trial, the defendant asked permission of the court to confer with certain witnesses for the State. The court granted the request, but, upon the suggestion of the county attorney, stated in the hearing of the witnesses, that they were not bound to confer with the defense, nor to disclose their testimony to him or his counsel, unless they wished to do so; whereupon the county attorney, in open court, stated that he advised the witnesses not to confer with the defense, and they refused to do so. The court refused to compel them, and the defense was required to proceed. Held, that there is no power in the trial court to compel a witness to disclose to the opposite side, or to any one, what his evidence will be on the trial, and that while the action of the county attorney in this instance may not have been in good taste, it is no ground for reversal.</p> <p>2. Mtjrdbr.—Evidence op General Character op Deceased is admissible only when it is shown that at the time of the homicide the deceased did some act indicating his purpose then to take the life of the defendant, or do him some serious bodily harm. See the opinion in extenso for a state of case wherein it is held that a proper predicate was not laid for the admission of evidence of the general character of the deceased, as a violent and dangerous man.</p> <p>3. Same—Practice—Evidence—Case Stated.—In explanation of his recent purchase of a pistol, and of his possession of the same on the day of the homicide, the defendant proposed to prove that at that time it was the prevailing custom and habit of the people of that county to carry pistols or other deadly weapons about their persons. Held, that the court below did not err in excluding the proposed testimony, which related only to the custom of the people in general, and not to his own habit. See the opinion in extenso on this question. •</p> <p>4. Pact Case.—See evidence held sufficient to sustain a conviction