Farris v. State

Citations

• 26 Tex. Ct. App. 105
• 9 S.W. 487
• 1888 Tex. Crim. App. LEXIS 166

Syllabus

<p>Í. Practice —Statement of Pacts—Diligence.—If a statement of facts be not filed in time, it 'will not be considered on appeal unless the appellant, in compliance with the act of March 8, 1887, shows that he used due diligence to have it authenticated and filed in time, and that the failure to do so was not attributable to him or his attorney, but resulted from causes beyond their control. See the opinion in this case for a showing held insufficient.</p> <p>2. Robbery—Penalty—Evidence.—Article 722 of the Penal Code, as amended by act of April 12, 1883, defines the offense of robbery, and. prescribes its punishment at the penitentiary for life, or for not less than five years. It then provides that “when the offense is committed by two or more persons acting together, and a fire arm or other deadly weapon is used or exhibited by either of them in the commission of the offense, the person or persons so using or exhibiting the fire arm or other deadly weapon shall be punished by imprisonment in the penitentiary for life or for a term not less than five years”—the same penalty as that prescribed by the first clause of the article. Being on trial under an indictment which impleaded him alone, the defendant objected to testimony which tended to prove that another person acted with him in the commission of the robbery. Held, that the trial court correctly overruled the objection.</p> <p>8. Practice—Evidence.—The Code of Criminal Procedure, article 661, expressly enjoins the trial courts to “allow testimony to be introduced at any time before the argument of a cause is concluded, if it appear that it is necessary to a due administration of justice.” The exercise of this discretionary power will not be revised on appeal, unless it plainly appears to have been abused.</p>