Manor v. State

• Decision Date: 09 December 1903
• Citation: 77 S.W. 786
• Parties: MANOR v. STATE.
• Court: Texas Court of Criminal Appeals

Page 786

77 S.W. 786

MANOR v. STATE.

Court of Criminal Appeals of Texas.

December 9, 1903.

Appeal from District Court, Travis County; George Calhoun, Judge.

Jim Manor was convicted of murder in the first degree, and he appeals. Reversed.

Howard Martin, Asst. Atty. Gen., for the State.

DAVIDSON, P. J.

Appellant was convicted of murder in the first degree, and his punishment assessed at death.

Appellant, Whitfield Jackson, and Sarah Cain were jointly indicted for the murder of R. Cain, Sarah's husband. When the case was called for trial, the state announced "Ready." Sarah Cain presented an affidavit for severance, and asked that Whitfield Jackson be first placed upon trial. This was granted. Thereupon appellant presented his affidavit, asking for severance, and that Whitfield Jackson and Sarah Cain both be first tried. This was granted. The case of Whitfield Jackson was called, and the district attorney made a verbal request of the court for time in which to talk with the witnesses. The case was postponed until after the noon recess. When the court convened, the attorneys announced "Ready" in Whitfield Jackson's case. The district attorney then presented a motion to dismiss as to Whitfield Jackson and Sarah Cain. The motion to dismiss is as follows: "* * * Sarah Cain has filed an affidavit that the testimony of Whitfield Jackson is material to her defense, and Jim Manor has filed an affidavit that the testimony of both Sarah Cain and Whitfield Jackson is material to his defense. Jim Manor has confessed to the act of killing of Cain, and the trial of said Manor is unquestionably demanded by the facts; and it may be that the testimony of Jackson and Cain in the trial of Manor may have great weight in establishing whether it will be necessary to further prosecute them. Wherefore it is deemed in the interest of public justice and expense to dismiss this case as to Whitfield Jackson and Sarah Cain, and said dismissal is prayed." This was granted. Application for continuance was made on account of these matters, and for the testimony of Whitfield Jackson and Sarah Cain. The application was overruled. It is also shown in the bill of exceptions that during the noon recess the district attorney had J. M. Fox make affidavit against Whitfield Jackson and Sarah Cain, charging them with same murder, before Justice of the Peace Johnson, and, upon dismissal of the indictment against them, they were immediately arrested under the warrants and placed in the county jail. These complaints were made before filing the motion to dismiss. In qualification of the bill, it is stated: "The court ruled, and so informed defendant and his attorney, that by the dismissal of the case against Jackson and Cain said Jackson and Cain became competent witnesses for defendant Manor, and that, even if they had been rearrested, they were still competent witnesses for defendant Manor; and defendant Manor was during the trial of the cause, without objection, allowed to put both Cain and Jackson on the stand as witnesses in his behalf." The qualification of the bill of exceptions refusing the continuance is practically the same as the foregoing, with this addition: "Defendant Jim Manor afterwards introduced both of said witnesses in his behalf, without objection, but both witnesses refused to testify on the grounds that they might incriminate themselves." Art...