Menges v. State
Citations
- 25 Tex. Ct. App. 710
- 9 S.W. 49
- 1888 Tex. Crim. App. LEXIS 136
Syllabus
<p>1. Theft—Evidence.—Conspiracy to commit crime can not be proved by one of the conspirators, but must be proved aliunde. See the opinion for evidence held insufficient to establish a conspiracy to steal cattle.</p> <p>2. Same—Declarations—Case Overruled.—The declarations of a conspirator are not admissible in evidence against his confederate, unless they were made pending the conspiracy, and before the same was consummated, and were in furtherance of the common design. See the opinion for the declarations of a confederate held to have been improperly admitted in evidence. And note that, upon this question, the case of Menges v. The State, 21 Texas Court of Appeals, 413, is overruled.</p> <p>8. Same—Pact Case.—See the opinion in this case, and the statement of the case in Menges v. The State, 21 Texas Court of Appeals, 413, for evidence held insufficient to support a conviction for cattle theft.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- absent affidavits, interrogatories, depositions, or other evidence showing no genuine issue of fact, record did not demonstrate right to judgment as a matter of law
Source: CourtListener parenthetical corpus (CC0).
Judges: Hurt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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