Wood v. State

Citations

• 22 Tex. Ct. App. 431
• 3 S.W. 336
• 1886 Tex. Crim. App. LEXIS 275

Syllabus

<p>Murder—Evidence—Practice.—If, when a party is examined as a witness in proceedings before a magistrate’s court or a coroner’s inquest, he is charged or suspected of the crime then under investigation, and is then aware that he is so charged or suspected, his testimony before the said investigation can not be received against him upon his trial for the same offense. See the opinion in extenso for circumstances under which it is held that the defendant was in such duress when testifying before the coroner’s inquest that his testimony before that tribunal was incompetent against him on this trial. The mere fact, however, that defendant was a witness at the inquest, and was placed under the “rule,” would not bring his then testimony within this rule.</p>