Ex parte Barber

Citations

• 16 Tex. Ct. App. 369
• 1884 Tex. Crim. App. LEXIS 120

Syllabus

<p>1. Habeas Corpus.—Statements of Pacts, in habeas corpus eases, must be made up and certified by the trial judge in the same manner as in other criminal cases. Not even in habeas corpus cases can a statement of facts approved after the expiration of ten days allowed by the order of court be considered for any purpose.</p> <p>2. Evidence—Dying Declarations—Case Stated.—It was objected to the dying declarations as evidence (reduced to writing) that the state- • ment contained both competent and incompetent evidence. The objection being well taken, the rule applicable is as follows: “ When a written instrument contains both legal and illegal evidence, the court cannot be required to expunge that which is illegal. If the court points out to the jury the illegal testimony, and designates it so that the jury can identify it, it is all that can be required.”</p> <p>B. Same.—A correct rule of evidence is thus stated: “A statement by the deceased of a distinct fact, not connected with the circumstances of the death or the immediate cause of it, is not admissible as a dying declaration, though competent and legal evidence if established by any other competent witness.” See the opinion in extenso for evidence to which this rule is held applicable.</p>