Jackson v. State

• Decision Date: 01 May 1901
• Citation: 62 S.W. 914
• Parties: JACKSON v. STATE.
• Court: Texas Court of Criminal Appeals

62 S.W. 914

JACKSON v. STATE.

Court of Criminal Appeals of Texas.

May 1, 1901.

Appeal from district court, Fayette county; L. W. Moore, Special Judge.

Robert Jackson was convicted of murder in the second degree, and appeals. Affirmed.

O. H. Meitzen, for appellant. Robt. A. John, Asst. Atty. Gen., for the State.

BROOKS, J.

Appellant was convicted of murder in the second degree, and his punishment assessed at 25 years' confinement in the penitentiary.

Bill No. 1 complains that the court erred in overruling the motion for continuance, which alleges that he expected to prove by the witness Schrader that he knew appellant for over 10 years; that he knew him as an honest and retiring citizen, who had never come in conflict with the authorities, within the knowledge of said witness. This testimony would not have been admissible if witness had been present. It is not error to refuse applications for continuance for absent witnesses by whom defendant proposes to prove the character of appellant. White's Ann. Code Cr. Proc. § 611.

Bill No. 2 complains that the court erred in failing to charge on circumstantial evidence. The record shows that appellant made a confession before the justice of the peace, admitting his presence and participation in the death of deceased, but claimed that he participated because coerced to do so. This character of statement on the part of defendant takes the case out of the realm of circumstantial evidence, and it was consequently not error for the court to fail to charge thereon. Dunn v. State, 34 Tex. Cr. R. 257, 30 S. W. 227, 53 Am. St. Rep. 714; Glover v. State (Tex. Cr. App.) 46 S. W. 824; Wampler v. State, 28 Tex. App. 352, 13 S. W. 144.

Appellant also complains in his motion for new trial that the charge of the court was not signed by the judge. In the absence of a bill of exceptions, it will be presumed that the charge of the court was certified by the judge and filed by the clerk. See article 904, Code Cr. Proc. (Acts 1897, p. 11). No error appearing in the record, the judgment is affirmed.