Davis v. State

Citations

• 3 Tex. Ct. App. 91

Syllabus

<p>1. Murder—Indictment.—If the accused be indicted as a principal offender, evidence that he did not inflict the fatal injury, but was present when it was done, and, knowing the unlawful intent of the person who did inflict it, aided him by acts or encouraged him by words, is competent and admissible against him. It is not necessary that the indictment should, in view of such proof, charge the acts done or the encouragement spoken.</p> <p>2. Evidence.—Verbal Acts.—When the state puts in evidence against the accused an act done by him, material to be understood, his declarations at the time, expressive of the character, motive, or object of his act, are regarded as verbal acts, and are competent evidence for him as well as for the state. He cannot, however, himself introduce evidence of his own act, and then prove his declarations accompanying it.</p> <p>3. Same — Case Stated. — W. and D. being jointly indicted, but separately tried, for murder, there being no eye-witness of the homicide, the state proved on the trial of D. that within an hour after its perpetration he was in possession of the horse of his co-defendant and the pistol of the deceased, and delivered them to the witness for the state. The accused proposed to prove by the witness any statement then made by the accused explanatory of his possession of the horse and pistol; but the court below, on objection by the state, excluded the proof. Held, error.</p> <p>4. Evidence. —Acts or declarations of the accused are not admissible evidence in his behalf unless they occurred within the period covered bv the criminating evidence, or tend to explain some fact or impair some evidence adduced against him.</p> <p>5. Same.—When part of a conversation is drawn out by one party, the other is entitled to have the whole of it go to the jury; but the jury may determine the truth of the whole or any part of it by its intrinsic credibility, or by the other evidence adduced in the case.</p> <p>6. Separation of the Jury doe