Waite v. State

Citations

• 13 Tex. Ct. App. 169
• 1882 Tex. Crim. App. LEXIS 201

Syllabus

<p>1. Murder—Evidence—Expert Testimony.—Whether or not the instrument in evidence, identified as that with which the homicide was committed, would, in the hands of a man of ordinary strength, and used as a bludgeon, produce the wounds described and be likely to produce death, was a question to expert witnesses properly allowed, and their answers were properly admitted.</p> <p>2. Same.—The opinions of medical men, who are shown to be experts, as to the instrument producing, and the nature and consequences of wounds, or the causes of diseases, are competent evidence in a prosecution for homicide. Likewise, the rule has been stated that the testimony of a surgeon is admissible to prove the nature of a wound, and its probable cause and effect.</p> <p>3. Same—Evidence,—The flight of the defendant after the commission of the offense, and the attendant circumstances, are legitimate matters to be considered in connection with other evidences of guilt.</p> <p>4. Same—Confessions.—A voluntary statement of the facts concerning the homicide, prepared and reduced to writing by the defendant after his aiv rest, and by him delivered to the witness, after being duly warned that it would be used against him, was competent and admissible as evidence in behalf of the prosecution.</p> <p>5. Same—Practice in this Court.—The action of the court below in admitting illegal evidence will be revised by this court only when it appears that the defendant interposed objection when it was offered on the trial.</p> <p>6. Same—Charge of the Court.—No issue was raised at the trial of this case as regards the consequences and effects of the confession in evidence. No special instruction was asked with regard to its consideration by the jury; and no exception was saved to the charge as given because of the omission to announce the law governing the question. Held, that to authorize this court to revise the charge in this case, it was incumbent on the defendant, if he desired it, to ask a more explici