Davis v. State
| Decision Date | 25 February 1893 |
| Citation | 21 S.W. 369 |
| Parties | DAVIS v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Angelina county; L. B. Hightower, Judge.
Mitchel Davis was convicted of murder in the second degree, and his punishment fixed at five years in the penitentiary, from which he appeals. Affirmed.
R. L. Henry, Asst. Atty. Gen., for the State.
Having laid the proper predicate, the prosecution was permitted to prove that Hackney, a witness, had made a statement to the district attorney and others, on the morning of the trial, to the effect that defendant, on the morning subsequent to the homicide, made a statement to him as to the manner of the killing, in which the defendant claimed the killing to have been accidental, whereas, in testifying in behalf of defendant, he swore that such statement was made by defendant on the night of, and a few minutes after, the killing. This was objected to by defendant. There was no error in admitting this testimony, even if it be conceded that the prosecution, in this matter, had by this line of cross-examination made Hackney a witness for the state. Code Crim. Proc. art. 755; Bennett v. State, 24 Tex. App. 73, 5 S. W. Rep. 527. A statement of the facts is not sent up in the record. We find no error in the charge as the case is presented to us. The judgment is affirmed. Judges all present and concurring.
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