Reports of Cases Argued and Adjudged in the Court of Appeals of Texas, Հատոր 24

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Common terms and phrases

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Էջ 717 - No person, for the same offense, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense after a verdict of not guilty in a court of competent jurisdiction.
Էջ 580 - A conviction can not be had in any case of felony upon the testimony of an accomplice, unless corroborated by other evidence tending to connect the defendant with the commission of the offense ; and the corroboration is not sufficient if it merely shows that the offense was committed, and the circumstances thereof.
Էջ 513 - The existence of a conspiracy being first established, " the principle on which the acts and declarations of other conspirators, and acts done at different times, are admitted in evidence against the persons prosecuted, is, that by the act of conspiring together, the conspirators have jointly assumed to themselves, as a body, the attribute of individuality, so far as regards the prosecution of the common design; thus rendering whatever is done or said by any one, in furtherance of that design, a...
Էջ 715 - This being the case, it is insisted that the court should have instructed the jury that if they had a reasonable doubt as to whether the complaint was sworn to, they should acquit the defendant. Concede the fact that the complaint was not sworn to, does it follow that defendant could not commit perjury upon the trial under such complaint? There...
Էջ 504 - ... called. Opposition to the motion was interposed by the plaintiff on the ground that the testimony of Blackmar would be purely cumulative, a large amount of testimony to the same point having already been introduced. We do not think the court abused its discretion in refusing to grant the motion for a continuance.
Էջ 363 - Where a defendant accused of murder seeks to justify himself on the ground of threats against his own life, he may be permitted to introduce evidence of the threats made, but the same shall not be regarded as affording a justification for the killing unless it be shown that at the time of the homicide the person killed by some act then done manifested an intention to execute the threat so made.
Էջ 543 - ... responsible for everything done by his confederates which follows incidentally in the execution of the common design, as one of its probable and natural consequences, even though it was not intended as a part of the original design or common plan.
Էջ 140 - The instrument or means by which a homicide is committed are to be taken into consideration in judging of the intent of the party offending; if the instrument be one not likely to produce death, it is not to be presumed that death was designed, unless from the manner in which it was used such intention evidently appears.
Էջ 624 - As to the receiving, relieving and assisting, one known to be a felon, it may be said in general terms, that any assistance given to one known to be a felon in order to hinder his apprehension, trial or punishment, is sufficient to make a man accessory after the fact...
Էջ 10 - ... mixed question of law and fact, for the determination of the jury under proper instructions from the court.

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