The Texas Reports; Cases Adjudged in the Supreme Court Volume 41

The Texas Reports; Cases Adjudged in the Supreme Court Volume 41

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...it may be, to whom she could go for friendly aid or counsel. It is also to be observed, if she failed to denounce the party she now charges with the murder with the promptness we suppose she might or should, still she betrayed no consciousness of guilt by fiight, and made no effort to conceal the crime. We may also add, that we cannot say from the record that it was not through her that the fact of Barnes's death was made known.' Although the fact which appellant proposed to prove by the witness Sharp, unless more closely connected with the case, or made to appear more pertinent in some way than is shown by the bill of exception, it would seem to us to be entitled to but little weight, still in some degree it tends to support the consistency and probability of appellant's statement, and it should, we think, have been permitted to go to the jury. As was said by the court in the case of Cooper v. The State, 19 Tex., 458: " In cases like the present, depending wholly upon circumstantial evidence, the mind seeks to explore any possible source from which any light, however feeble, may be derived; and in such a case it is peculiarly proper that the jury should have before them every fact and circumstance, however slight, which may aid them in coming to a satisfactory conclusion." The judgment is reversed and the case remanded. REVERSED AND REMANDED. iii WILLIAM SMITH v. THn STATE. 1. ET/IDENCE--RAPE.--Where a child was too young to testify as a witness, it follows, as a necessary consequence, that any statement it may have made to others ought not to be admitted in evidence. 2. The action of a district judge in passing sentence on a defendant who has been found guilty of a felony, and ordering him to be conveyed to the...show more

Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236874145
  • 9781236874146