Jernigan v. State

Citations

• 10 Tex. Ct. App. 546

Syllabus

<p>1. Evidence—Corroboration of an Accomplice.—Proof of the guilty possession or connection of the accused with the fruits of a theft may be evidence strongly corroborative of the inculpatory testimony of an accomplice.</p> <p>2. Same.—The acceptance by the accused from a confessed accomplice of a sum of money, imputedly the proceeds of the sale of the stolen property, being a fact relied upon to corroborate the accomplice, it must appear, first, that the money received was in fact proceeds of the sale- of the stolen property, and, second, that the accused was not only informed of that fact, but also that the property was stolen; otherwise the possession of the money is not a corroborative circumstance.</p> <p>3. Same.—Accomplices in crime cannot corroborate each other, nor can an accomplice testify to one fact and corroborate this by testifying to another.</p> <p>4. Same.—To be corroborative, the fact must not only be criminative, but must be shown by the oath of a witness other than the accomplice. If it is so testified to, and tends to connect the accused with the offense, it is corroborative, whether testified to by the accomplice or not.</p> <p>5. Circumstantial Evidence.— Facts or circumstances relied upon to establish the principal fact at issue, or such as are necessary to the conclusion sought, must be proved, otherwise no sufficient foundation is laid for the process of inference or presumption which is to follow. Proof is indispensable at this stage of the trial, and its place cannot be supplied by presumption. See this case in extenso for an application of these rules.</p> <p>6. Charge oe the Court instructed the jury, * * * “Recent possession or participation in the fruits of the crime are circumstances which the jury may consider, in connection with the whole evidence, in determining the guilty agency in its commission.” Held, correct as an abstract proposition of law, but, in view of the evidence in this case, error, as assuming as proved a material f