Johnson v. State
| Decision Date | 23 January 1901 |
| Citation | 60 S.W. 667 |
| Parties | JOHNSON v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Dallas county court; Kenneth Foree, Judge.
Ed. Johnson was convicted of receiving stolen goods, and appeals. Reversed.
Robt. B. Seay, for appellant. D. E. Semmons, Acting Asst. Atty. Gen., for the State.
Appellant was convicted of receiving stolen property from Edgar Warren and Ben Farrar, knowing the same to have been stolen, and his punishment assessed at one day's confinement in the county jail. Objection was reserved to the admission of testimony showing that certain railroad cars were burglarized at different times from the one mentioned in the information. This objection should have been sustained. Where contemporaneous crimes tend to develop the res gestæ, show the intent, or identify the transaction, they are admissible; and, under certain circumstances, where system in crime is necessary to be shown. These are exceptions to the rule that extraneous crimes are not admissible in evidence. We have discussed this matter so frequently that we deem it unnecessary to cite authorities. In this connection there was no attempt at identification of any of the missing property from said cars said to be found in the possession of defendant, except by memoranda from the bill of lading showing property of a similar character had been taken from one of said cars. Over appellant's objections the court permitted the railroad agent to testify from a memorandum made by himself from the bill of lading, soon after the alleged burglary, as to the contents of the burglarized car. The contention is that the bill of lading is the best evidence, and the employé ought not to be permitted to testify to the contents of the bill of lading, it being secondary evidence; that the bill of lading itself ought to have been introduced in evidence, and the court was requested to have said bill of lading brought in, instead of permitting the witness to testify from his pencil memorandum made therefrom. This was overruled, and the witness permitted to testify as to the contents of the car as per the memorandum. This objection should have been sustained.
It is contended the evidence is not sufficient to support the judgment. The case, in substance, was about as follows: A railroad car was burglarized, and certain property taken, among which were some tobacco and sacks. Subsequently appellant was found in possession of two sacks of a similar character to those taken...
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