Porter v. State

Citations

• 1 Tex. Ct. App. 394

Syllabus

<p>1. Evidence.—The rule requiring the production of the best evidence of which the case' is susceptible does not demand the greatest amount of proof procurable, but only excludes such evidence as implies that better evidence exists and is withheld or not accounted for. This rule has been adopted for the prevention of fraud, and to secure a pure administration of justice.</p> <p>2. Same—Assault with Intent to Murder.—On a trial for an assault-with intent to murder, if no witness of the assault be produced, and the state relies on circumstantial evidence to sustain the charge, the prosecution should he required to show that proper effort had been made to obtain the testimony of the assaulted party, or, otherwise, to account for the non-production of his testimony.</p> <p>8. Jury—Separation.—After a jury in a felony case have been sworn and impaneled, the court should not permit their separation, even with the consent of the district attorney and of the accused, unless they are put under the protection and control of an officer, for the purpose of preventing communications between them and other persons.</p>