Loggins v. State

Citations

• 8 Tex. Ct. App. 434

Syllabus

<p>1. Minutes ov Court. — Irregularities in the record-entry of the presentment of an indictment do not constitute cause for setting aside the indictment, or in arrest of judgment. Such matters should be mooted by suggestion in limine to the court wherein the indictment was presented, and are not available in a different forum, to which the venue has been changed.</p> <p>2. Evidence'—Practice. — The acts or declarations of one conspirator, done or made during the pendency of the conspiracy and in furtherance of the common design, are evidence against the others. But proof must be adduced before the jury of the -defendant’s complicity at the time such acts were done or declarations made by his alleged confederate. The sufficiency of this proof as a predicate for the imputed acts or declarations is primarily determinable by the presiding judge; but if its sufficiency is an issue in the case, it should be submitted to the jury, with instructions to disregard the putative acts or declarations in case they deem the defendant’s complicity not established. See the opinion in extenso on this Subject.</p> <p>3. Same — Tacit Admissions. ■—Though, on the principle of acquiescence, declarations made by third persons in the presence of the accused, respecting the matter in question, are ordinarily evidence against him, yet this principle does not apply to declarations which called for no response or disclaimer by him. See the illustration in the present case.</p>