Speights v. State

Citations

• 1 Tex. Ct. App. 551

Syllabus

<p>1. Evidence.—If the accused elicits testimony adverse to himself, he must take the consequences; and he is not entitled to have it withdrawn from the jury because part of the same proof, when offered by the prosecution, had previously, on his objection, been excluded by the court.</p> <p>2. Same—Confessions.—After the arrest of accused for the theft of a horse he was asked by the officer where the saddle was with which <hH, uorse had been ridden, to which he replied that it was in the ounind the horse, where, upon search, the officer then found it seci uted. Held, that this, together with other statements of the accused, made after his arrest and found to be true, conduced to establish his guilt, and was competent evidence for the state, notwithstanding the accused was not on trial for the theft of the saddle. Pase. Dig., Art. 3127.</p> <p>3. See the opinion in this case with reference to the competency of proof of other offenses than that on trial, as part of the res gestee of the latter, or as evidence of the intent of the accused.</p>