Tidwell v. State

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Writing for the CourtHenderson
Citation47 S.W. 466
Decision Date26 October 1898
PartiesTIDWELL v. STATE.
47 S.W. 466
TIDWELL
v.
STATE.
Court of Criminal Appeals of Texas.
October 26, 1898.

Page 467

Appeal from district court, Tarrant county; Irby Dunklin, Judge.

Tebe Tidwell was convicted of theft, and he appeals. Affirmed.

O. S. Lattimore and W. R. Parker, for appellant. Mann Trice, for the State.

HENDERSON, J.


Appellant was convicted of the theft of a mule, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.

Appellant insists that the court committed an error in admitting the testimony of D. P. Clark as to the defendant's alleged confession, on the ground that the same was not voluntary. We understand his contention to be, not that appellant was not properly warned, but that, after he was so warned, his confession or statement was elicited by interrogatories propounded to him by Clark. Because a confession may be elicited by questions is not alone sufficient to render it inadmissible. The questions must be of a character and propounded under circumstances in a manner calculated either to coerce or persuade. There is no evidence here of such facts. The rule with reference to dying declarations does not apply to a matter of this sort. There the statute requires that the questions be not calculated to induce the desired answer. Here the only criterion is that the confession must appear to be free and voluntary, and not made under coercion or persuasion. There is no question here that the confessions were not voluntarily made, and the court did not err in failing to instruct the jury on this subject as requested by appellant.

Appellant further urges that the corpus delicti has not been proven; and in that connection he insists that this must be proven independent of appellant's confessions. In answer to the last proposition, we would state the rule insisted on by appellant is not a sound one, but the confession can be considered along with the other testimony in order to establish the corpus delicti. See Anderson v. State, 34 Tex. Cr. R. 546, 31 S. W. 673; Kugadt v. State (Tex. Cr. App.) 44 S. W. 989; Rice, Cr. Ev. p. 466, § 294. We have examined the testimony carefully with reference to the corpus delicti. The state's case shows that about the 6th of December the mule in question was in the pasture of one Harrison, left there with his mate by the prosecutor. This pasture was some four or five miles from Ft. Worth. The mule was missed by the owner on the 6th of December, its mate being still in the pasture. Search was made for it for one or two days without finding it. About the 10th of December the mule was...

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25 practice notes
  • Keeton v. State, 31931
    • United States
    • United States State Supreme Court of Mississippi
    • April 6, 1936
    ...v. Penny, 113 Iowa 691, 84 N.W. 509; Young v. State, 90 Md. 579, 45 Afl. 531; Cox v. People 80 N.Y. 500; Tidwell v. State 40 Tex. Cr. 38, 47 S.W. 466, [175 Miss. 640] 48 S.W. 184; Aiken v. State, 64 S.W. 57; Ariola v. State, 79 Tex. Cr. 80, 183 S.W. 144; Hopt v. People, 110 U.S. 574, 28 L.E......
  • Ingram v. State, (No. 3758.)
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • November 10, 1915
    ...39 Tex. Cr. R. 654, 47 S. W. 987; Mathews v. State, 39 Tex. Cr. R. 555, 47 S. W. 647, 48 S. W. 189; Tidwell v. State, 40 Tex. Cr. R. 41, 47 S. W. 466, 48 S. W. 184; Nicks v. State, 40 Tex. Cr. R. 7, 48 S. W. 186; Gallegos v. State, 49 Tex. Cr. R. 116, 90 S. W. 492; Fredrickson v. State, 44 ......
  • Pickens v. State, (No. 5499.)
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 18, 1920
    ...give the charge touching the burden resting on the state to disprove the exculpatory statements. See Tidwell v. State, 40 Tex. Cr. R. 41, 47 S. W. 466, 48 S. W. 184. The appellant requested and the court refused a charge on manslaughter. It has frequently been said, and it is manifestly tru......
  • Weatherford v. State, 30156
    • United States
    • United States State Supreme Court of Mississippi
    • October 24, 1932
    ...v. Penny, 113 Iowa 691, 84 N.W. 509; Young v. State, 90 Md. 579, 45 A. 531; Cox v. People, 80 N.Y. 500; Tidwell v. State, 40 Tex. Cr. 38, 47 S.W. 466, 48 S.W. 184; Aiken v. State, 64 S.W. 57; Ariola v. State, 79 Tex. Cr. 80, 183 S.W. 144. The second confession was shown to be free and volun......
  • Request a trial to view additional results
25 cases
  • Keeton v. State, 31931
    • United States
    • United States State Supreme Court of Mississippi
    • April 6, 1936
    ...v. Penny, 113 Iowa 691, 84 N.W. 509; Young v. State, 90 Md. 579, 45 Afl. 531; Cox v. People 80 N.Y. 500; Tidwell v. State 40 Tex. Cr. 38, 47 S.W. 466, [175 Miss. 640] 48 S.W. 184; Aiken v. State, 64 S.W. 57; Ariola v. State, 79 Tex. Cr. 80, 183 S.W. 144; Hopt v. People, 110 U.S. 574, 28 L.E......
  • Ingram v. State, (No. 3758.)
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • November 10, 1915
    ...39 Tex. Cr. R. 654, 47 S. W. 987; Mathews v. State, 39 Tex. Cr. R. 555, 47 S. W. 647, 48 S. W. 189; Tidwell v. State, 40 Tex. Cr. R. 41, 47 S. W. 466, 48 S. W. 184; Nicks v. State, 40 Tex. Cr. R. 7, 48 S. W. 186; Gallegos v. State, 49 Tex. Cr. R. 116, 90 S. W. 492; Fredrickson v. State, 44 ......
  • Pickens v. State, (No. 5499.)
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 18, 1920
    ...give the charge touching the burden resting on the state to disprove the exculpatory statements. See Tidwell v. State, 40 Tex. Cr. R. 41, 47 S. W. 466, 48 S. W. 184. The appellant requested and the court refused a charge on manslaughter. It has frequently been said, and it is manifestly tru......
  • Weatherford v. State, 30156
    • United States
    • United States State Supreme Court of Mississippi
    • October 24, 1932
    ...v. Penny, 113 Iowa 691, 84 N.W. 509; Young v. State, 90 Md. 579, 45 A. 531; Cox v. People, 80 N.Y. 500; Tidwell v. State, 40 Tex. Cr. 38, 47 S.W. 466, 48 S.W. 184; Aiken v. State, 64 S.W. 57; Ariola v. State, 79 Tex. Cr. 80, 183 S.W. 144. The second confession was shown to be free and volun......
  • Request a trial to view additional results

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