Collins v. State

• Decision Date: 08 December 1909
• Citation: 123 S.W. 582
• Parties: COLLINS v. STATE.
• Court: Texas Court of Criminal Appeals

Page 582

123 S.W. 582

COLLINS v. STATE.

Court of Criminal Appeals of Texas.

December 8, 1909.

Appeal from Shelby County Court; W. D. White, Judge.

Henry Collins was convicted of theft, and appeals. Reversed and remanded.

H. E. Stephenson, for appellant. F. J. McCord, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Appellant was convicted of theft; his punishment being assessed at a fine of $25 and five days' imprisonment in the county jail.

1. The state introduced appellant's confession, made to Deputy Sheriff Swanzy and another witness, named Hooper, while he was under arrest. Both witnesses testified that appellant was not warned; and, besides, the statements or confessions were not reduced to writing, as required by the statute. The bill setting up these matters is very full; but we deem it unnecessary to make a detailed statement of the confession and other facts. It is uncontroverted, and conceded, that appellant was under arrest and was not warned. This rendered his confession inadmissible.

2. The matter set up in the second bill of exceptions will not occur upon another trial. This bill was reserved to the action of the county attorney before the jury in reference to dismissing a prosecution against Nard, charged with the same offense. The matters are not further mentioned, as they may not occur upon another trial.

As the record is presented, the judgment is reversed, and the cause is remanded.