Jones v. State

• Citation: 72 S.W. 845
• Parties: JONES v. STATE.
• Decision Date: 04 March 1903
• Court: Court of Appeals of Texas. Court of Criminal Appeals of Texas

72 S.W. 845

JONES v. STATE.

Court of Criminal Appeals of Texas.

March 4, 1903.

Appeal from District Court, Lamar County; Ben H. Denton, Judge.

Price Jones appeals from a conviction. Reversed.

T. W. Carlock, W. F. Moore, and Fred S. Dudley, for appellant. Howard Martin, Asst. Atty. Gen., for the State.

HENDERSON, J.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of 15 years; hence this appeal.

The state's theory is that the homicide was committed by appellant, in connection with Sam Tittsworth. The state's case mainly depends on Tittsworth's testimony, in connection with the circumstances proved by other witnesses, which the state claims tend to corroborate the accomplice, Tittsworth. Deceased, a negro woman about 19 years of age, was the stepdaughter of Tittsworth, and lived at his house. Appellant lived some 2½ or 3 miles therefrom. Deceased was last seen alive on Monday morning. She left the field, where she was working with other hands, about 8 or 9 o'clock, went to the house, a short distance off, changed her clothes, and came back through the field, and in a short time went in the direction of Pine creek, towards an old untenanted house, some quarter of a mile distant. On the following Wednesday her body, which was considerably decomposed, was found in the timber not far from said house. The back of the head was found to have been struck and crushed with some hard or heavy instrument, and there were bruises on her thighs and ankles. Tittsworth, the accomplice, testified, in substance, that appellant had agreed Sunday night before the homicide, Monday morning, to meet deceased and himself where the body was found, for the purpose of producing an abortion on her; that when he approached the place he saw appellant there on the body of deceased, or kneeling close to her body; that when he came up appellant evidently had given her some drug which caused her to froth at the mouth; and she was about to have a fit, and tried to halloo or scream. Appellant told him to come and hold her, and witness caught her hands, when appellant struck her on the back of the head with a heavy stick, and this blow killed deceased. As stated before, there was other testimony tending to corroborate the witness and connect appellant with the homicide. The state also used the testimony of one Jasper Fisher, who appellant claimed was an accomplice. This witness testified that deceased was pregnant, which was caused by himself, and that he intended to marry her; and a short time before the homicide agreed to give appellant $5 to produce an abortion on her. This is a sufficient statement of the case to discuss the issues raised in the assignments.

Appellant excepted to that portion of the charge of the court on accomplice testimony; and insists said charge is erroneous, because it assumes the truth of the testimony of the accomplice Tittsworth, and only requires him to be corroborated in order to convict appellant. The court gave a charge on accomplice testimony in connection with both the witnesses Tittsworth and Fisher. As to Fisher he submitted the issue to the jury, and authorized them to determine...