Johnson v. State

Citations

• 1 Tex. Ct. App. 333

Syllabus

<p>1. Evidence—Deposition oe Deceased Witness.—The rules and practice-of the common law have been substantially adopted by our Code in respect to admitting, as evidence for the prosecution, the deposition of a deceased witness, duly taken on a former trial of the accused by a court or an examining magistrate. The act of 1866 (Pase. Dig., Art. 6605) expressly secures-to the accused the right to use such evidence, but does not abrogate or impair that of the state. See the opinion of the court for a full exposition of these questions.</p> <p>2. Unrecorded Marks are competent evidence to prove title or ownership-of animals alleged to have been stolen. The prohibition in Article 4655, Paschal’s Digest, is confined to unrecorded brands.</p>