Davis v. State

Dec 11, 1940
No. 21279.
Reporters:
, ,
Before:
Graves

tional inhibition is directed not merely to the giving of oral testimony, but embraces as well the furnishing of evidence by other means than by word of mouth, the divulging, in short, of any fact which the accused has a right to hold secret.”

We think appellant’s testimony showed in effect that he was compelled to do the things required of him by the officers, and, further, that the testimony of the State was not sufficient to combat appellant’s version.

In view of the fact that the issue as to whether appellant was intoxicated was closely contested, we would not feel warranted in holding that the error in receiving the testimony was harmless.

The judgment is reversed and the cause remanded.

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.

ON STATE’S MOTION FOR REHEARING.

HAWKINS, Presiding Judge.

The State has filed an able motion for rehearing challenging the correctness of the conclusions announced in our original opinion.

We have re-examined the record in the light of the State’s motion, and are inclined to adhere to the conclusions heretofore announced.

We think the safer policy to be adherence to the construction and application of Section 10, Article 1 of our Constitution already given effect in our long-established precedents.

We are not inclined to enlarge upon accepted exemptions from the application of said provision of the Constitution.

The motion for rehearing is overruled.