Martinas v. State

Citations

• 26 Tex. Ct. App. 91
• 9 S.W. 356
• 1888 Tex. Crim. App. LEXIS 161

Syllabus

<p>1. Pratice—Evidence.—In order to render admissible the written testimony of an absent witness taken before an examining court, the predicate must clearly conform to the provisions of articles 772, 773 and 774 of the Code of Criminal Procedure.</p> <p>2. Same.—Removal of the witness from the State was the ground upon which the written testimony was admitted in this case. The predicate upon which it was admitted was the affidavit of the prosecuting counsel to the effect that he had good reason to believe that the witness had removed beyond the limits of the State, and that he had caused attachments for the witness to be issued to all of the counties in the State, all of which attachments had been returned not executed. Held, insufficient as proof of the removal of the witness beyond the limits of the State.</p> <p>8. Same.—Circumstantial Evidence may be resorted to for the purpose of establishing the removal of a witness from the State, in order to the admission of his evidence given before the examining court, but, to be sufficient, it must be clear and convincing on the issue.</p>