Willey v. State

Citations

• 22 Tex. Ct. App. 408
• 3 S.W. 570
• 1886 Tex. Crim. App. LEXIS 271

Syllabus

<p>1. Practice—Severance upon the request of any one of plural defendants jointly indicted is a matter of right when the application therefor has been made in conformity with the statutes.</p> <p>2. Same—Theft—Oharob of the Court instructed the jury that, “upon the trial of any person charged with the theft of any animal of the horse, ass or cattle species, the possession of such stolen animal by the accused, without a written transfer or bill of sale containing a description of such animal, shall be prima facie evidence against the accused, and that such possession was illegal.” Held erroneous, as being a charge upon the weight of evidence.</p> <p>3. Same.—See the statement of the case for a special instruction held to have been erroneously refused, in view of the evidence tending to show an innocent connection with the stolen animal on the part of one of the de - fendants.</p> <p>4. Same—Confessions or declarations of one conspirator, made after the consummation of the conspiracy, and not in the presence of his coeonspirator, can not be used in evidence against the latter.</p>