Miller v. State, 16346.
Decision Date | 31 January 1934 |
Docket Number | No. 16346.,16346. |
Citation | 68 S.W.2d 1036 |
Parties | MILLER v. STATE. |
Court | Texas Court of Criminal Appeals |
Appeal from District Court, Falls County; E. M. Dodson, Judge.
C. W. Miller was convicted of receiving and concealing stolen property, and he appeals.
Affirmed.
H. S. Beard, of Waco, for appellant.
Lloyd W. Davidson, State's Atty., of Austin, for the State.
The conviction is for receiving and concealing stolen property; punishment being three years in the penitentiary.
The charge against appellant was that he received from some person to the grand jurors unknown and concealed a Ford V-8 coupé automobile, alleged to be the property of J. T. Herrington, and which property had theretofore been acquired by theft from the said Herrington.
Only one bill of exception is brought forward. It complains of the admission in evidence of the testimony of J. N. Davis, a deputy sheriff, who testified as follows:
Objection to the foregoing testimony was interposed upon the ground that appellant was under arrest and had not been warned, nor the statement reduced to writing as required by article 727, C. C. P. (1925). Said article provides the formalities required generally before a confession made while the accused is in custody may be admitted in evidence, but contains the following exceptions: "* * * Unless in connection with said confession, he makes statements of facts or circumstances that are found to be true, which conduce to establish his guilt, such as the finding of secreted or stolen property, or the instrument with which he states the offense was committed."
The bill shows that the only previous knowledge Davis had about the car was derived from some boy who had worked for appellant's father and who had told the officer that he (the boy) had seen a car out there "fastened up." The kind of car or its exact whereabouts was not known until Davis got the information from appellant. After having talked to appellant, the officer went to the place and found the car described by appellant at the place indicated. Further...
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Canizares v. State, 21644.
...to establish his guilt by causing the officers to find the instruments with which the offense was committed. See Miller v. State, 125 Tex.Cr.R. 565, 68 S.W.2d 1036; Broz v. State, 93 Tex.Cr.R. 137, 245 S.W. There are other bills that relate to objections to the introduction of certain ticke......