Ledbetter v. State

Citations

• 23 Tex. Ct. App. 247
• 5 S.W. 226
• 1887 Tex. Crim. App. LEXIS 59

Syllabus

<p>1. Dung Declarations—Predicate.—As a predicate for the introduction in evidence of a dying declaration, the State must prove, first, that the deceased, when he made it, was conscious of approaching death, and believed there was no hope of his recovery; second, that the declaration was voluntarily made, and not through the persuasion of any person; third, that it was not made in answer to interrogatories calculated to lead deceased to make any particular statement; and, fourth, that iba deceased was of sane mind at the time of making the declaration. Sco the opinion of the court for a predicate held insufficient to prove the first of the above requisites; wherefore the dying declaration was erroneously admitted.</p> <p>2. Arrest.—A peace officer has no authority, beyond the limits of his county, to arrest a party accused of crime.</p> <p>3. Warrant of Arrest issued by a justice of the peace is wholly without authority in a different county, unless it be indorsed by a Judge of the Supreme Court, Court of Appeals, district or county courts (when it may be executed anywhere in the State), or by a magistrate of the county in which the accused is found, when it maybe executed in the latter county. If so indorsed, the warrant must be executed by an officer of the county in which the accused is found.</p> <p>4. Homicide to Prevent Illegal Arrest amounts, as a general rule, to no higher offense than manslaughter.</p>