Jackson v. State

Citations

• 7 Tex. Ct. App. 363

Syllabus

<p>1. Confessions made in arrest are not admissible in evidence unless it be shown that they were voluntarily made by the prisoner after he had been properly cautioned that his statements might be used against him.</p> <p>2. Theft—Evidence — Charge of the Court.—If, in a trial for theft, the proof shows that the property was taken from the possession of a person holding the same for the owner, it is-incumbent on the State to show the want of that person’s consent to the taking of the property; and this proof should be made by that person himself, or his absence be accounted for, before resort had to circumstantial evidence to show the want of his consent. The juiy should be instructed that such evidence is necessary, in the state of case indicated, to warrant a verdict of guilty.</p> <p>3. Charge of the Court. — The jury should not be so instructed as to warrant them arbitrarily to select what evidence they will believe. The charge should leave them free, as the law does, to determine the facts by their own mode of reasoning upon the evidence.</p>