DocketNumber: No. 11827.
Citation Numbers: 15 S.W.2d 643, 112 Tex. Crim. 355, 1928 Tex. Crim. App. LEXIS 882
Judges: Martin, Morrow, Lattimore
Filed Date: 5/16/1928
Status: Precedential
Modified Date: 10/19/2024
Offense, felony theft; penalty, five years in the penitentiary.
Witness Roy Porter had an automobile stolen from him and a short time thereafter the car was found in possession of appellant and identified by its number. When found in possession of the car by the Sheriff and asked if he claimed the car, he answered that he did and presented a bill of sale to same. This testimony was objected to because given while the appellant was under arrest. The facts show that it was made contemporaneously with his arrest at a time when his possession was first being directly challenged and was admissible against him under the uniform holdings of this Court. Ward v. State,
Objection was made to the testimony of Roy Porter, owner of the car, because it affirmatively appeared that a guardian had been appointed to handle his finances under a judgment of insanity made and entered nearly two years previous to the time he testified. Under the terms of Art. 708 (1), C. C. P., all persons are competent to testify in criminal cases except insane persons who are in an insane condition of mind at the time when they are offered as witnesses, or who were in that condition when the events happened of which they are called to testify. We see nothing in the testimony of the witness or in the circumstances of this case that points in any degree to his insanity. It has been said: "That there exists an unvacated judgment, adjudging the offered witness a lunatic, will not suffice to reject his testimony." Nations v. State,
Motion was made in the trial court by appellant to pass his case until a future day of the term of court because there had been tried in the District Court of Tom Green County on the day previous the case of the State of Texas v. Henry Walker, in which testimony was brought out tending to connect appellant with the offense charged against the said Henry Walker as principal in the theft of an automobile in Tom Green County. The record shows that the jurors who tried Walker were stood aside and not placed on the panel of the jury called in the instant case. It further shows that the jurors on the panel for the week were examined and those who testified they heard any part of the Walker trial stated under oath that they had no opinion and had formed no opinion from what they had heard. It does not appear that the issues were the same or the witnesses the same in the two cases. It has been held that jurors are not disqualified simply because they have convicted another person for a different transaction, though the same witness was prosecutor in both cases. Irvine v. State,
Believing the evidence sufficient and there being no errors in the record, the judgment is affirmed.
Affirmed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.