Logan v. State

Citations

• 17 Tex. Ct. App. 50
• 1884 Tex. Crim. App. LEXIS 172

Syllabus

<p>1. Practice — Evidence.— Bill of Exceptions, reserved to evidence admitted over objection, must disclose the grounds of objection in order to authorize this court to revise the action of the court below.</p> <p>3. Same.— The rule that, when evidence inadmissible per sehas been admitted over objection, it will be presumed to have prejudiced the accused, whether or not it so did in fact, and is therefore ground for reversal, is a sound one when carried to its legitimate extent, but it cannot be extended so as to include the admission of evidence that is palpably harmless. When the rule is invoked, the bill of exceptions should show wherein the evidence complained of would tend to prejudice the case of the accused.</p> <p>3. Same.— It is a settled rule that judgments, even in criminal cases, will not be reversed for immaterial errors.</p> <p>4. Same — Evidence — Case Stated.— In a trial for murder the defense proposed to prove by one L. that, on the day prior to the homicide, one T. warned the defendant that the deceased had threatened his life, and that, on the day of the homicide and prior thereto, the said T, told the witness that the deceased was hunting for the defendant and threatening his life. The proposed evidence was excluded upon the ground that it was hearsay. Held, error, inasmuch as the object of the proposed evidence was to prove the communication made by T. to the defendant, and not to prove its truth or falsity.</p> <p>5. Same—Threats.— When a defendant accused of murder seeks to justify his action on the ground of threats against his own life, he is permitted under our Code to introduce evidence of such threats whether communicated or not, but no threats will afford justification unless it be shown that, at the time of the homicide, the person killed, by some act then done, manifested an intention to execute the threats so made. One theory of the defense in this case being that, at the time of the homicide, the deceased by his acts manifested an in