Potts v. State

Citations

• 26 Tex. Ct. App. 663
• 14 S.W. 456
• 1883 Tex. Crim. App. LEXIS 108

Syllabus

<p>1. Practice—Evidence—Predicate.—As a predicate for the oral reproduction of the testimony given before an examining court by a since deceased witness, the State proved the death of the witness, and that in all probability the record of his testimony had been destroyed by a fire which consumed other records deposited in the court house. Held that the predicate was sufficient.</p> <p>2. Same.—If unable to repeat the language of the deceased witness, the witness called to reproduce his evidence may, under the rule which obtains in this State, testify to the substance of his testimony.</p> <p>8. Same—Theft—New Trial—Newly Discovered Evidence.—By the reproducing witness (the trial being for the theft of a gun) the State proved that deceased witness, on t.he examining trial, testified to certain transactions concerning the gun which transpired between himself and one Stanley, the agent of the defendant, when the said Stanley, acting for the defendant, offered the gun for sale. Held that, as tending to elucidate the subsequent connection of both the deceased witness and the defendant with the gun. the evidence was properly admitted. But seethe opinion for the substance of newly discovered evidence held to have demanded of the trial court the award of a new trial.</p>