Tidwell v. State

CourtTexas Court of Criminal Appeals
Writing for the CourtHenderson
Citation48 S.W. 184
Decision Date14 December 1898
PartiesTIDWELL v. STATE.
48 S.W. 184
TIDWELL
v.
STATE.
Court of Criminal Appeals of Texas.
December 14, 1898.

On motion for rehearing. Overruled.

For former opinion, see 47 S. W. 466.

HENDERSON, J.


The judgment in this case was affirmed at a former day of this term, and it now comes before us on motion for rehearing. Among other things, appellant insists that we overlooked the eighth paragraph of his motion for a new trial, which questions the charge of the court on theft of other property. His objection is as follows: "Because the court erred in paragraph sixth of his charge, wherein he tells the jury that they may consider the evidence establishing other offenses for the purpose of tending to connect the defendant with the theft herein alleged." Appellant's contention here is that there is no evidence of contemporaneous theft. An examination of the record, however, discloses that, in the confession of appellant, testified to by Sheriff Clark, he admitted to him that he and Elzie went down and caught this Dillin mule; then a mare; then Sam Schultz' mule. He also said that Elzie told him at the time they were catching the mules that he did not know who owned the two mules. He also said that they left the horses at Tip Isham's, changed saddles, crossed the river, traveled all night Wednesday night; got to Argyle about daylight, and got breakfast; arrived at Denton Thursday; that Elzie traded one of the mules for a horse near Denton; and that they got to Gainesville that night. He also said that Elzie sold all the mules, and was to give him half the money. He further stated that they got all the stock on Wednesday night, and started to Gainesville on the same night, and that they caught the mules on the Harrison place. If this statement to the sheriff be true, then, evidently, defendant admitted to him the theft of two other animals on the same night, under circumstances which would make the theft of the other two animals contemporaneous with that of the mule alleged to have been stolen. True, the owners of the other two animals were not produced; but defendant's own confession admitted the fraudulent taking of said animals, and the court certainly could not be said to have given a charge to the injury of appellant, when the instruction complained of limited the testimony to its proper purpose. We think, if the court had failed to do this, there might be some...

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18 practice notes
  • Keeton v. State, 31931
    • United States
    • United States State Supreme Court of Mississippi
    • April 6, 1936
    ...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.Ed. 262; Brown v. State, 142 Miss......
  • Ingram v. State, (No. 3758.)
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • November 10, 1915
    ...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 Tex. Cr. R. ......
  • Pickens v. State, (No. 5499.)
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 18, 1920
    ...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 true, that when the......
  • Weatherford v. State, 30156
    • United States
    • United States State Supreme Court of Mississippi
    • October 24, 1932
    ...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 voluntary and there......
  • Request a trial to view additional results
18 cases
  • Keeton v. State, 31931
    • United States
    • United States State Supreme Court of Mississippi
    • April 6, 1936
    ...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.Ed. 262; Brown v. State, 142 Miss......
  • Ingram v. State, (No. 3758.)
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • November 10, 1915
    ...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 Tex. Cr. R. ......
  • Pickens v. State, (No. 5499.)
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • February 18, 1920
    ...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 true, that when the......
  • Weatherford v. State, 30156
    • United States
    • United States State Supreme Court of Mississippi
    • October 24, 1932
    ...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 voluntary and there......
  • Request a trial to view additional results

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