41 Tex. 334 | Tex. | 1874
On the morning of October 3,1873,before daylight, William Heese was killed by some one who had burglariously entered his storehouse at Bound Top, in Fayette county. The appellant was tried under an indictment charging him with this murder, was convicted of murder in the first degree, and his punishment fixed at imprisonment for life. The leading question in the case is, whether the evidence sufficiently identifies the defendant as the murderer, and, as growing out of that, whether his application for a new trial should have been granted.
We have given the evidence and the record a careful
The bill of exceptions shows that the witness had to
The whole subject of the manner in which witnesses are to be kept whilst under the rule, the effect of a breach of the rule, and the reintroduction of witnesses after having been examined and discharged, is so much within the discretion of the presiding judge, that only in cases of its plain abuse will this action be revised. (Pas. Dig., arts. 3047, 3048, 3049; 1 G-reenl. Ev., § 432; 1 Bish. Cr. Prac., secs. 1086-1089, and references.)
We think, under the circumstances of this case, when it appeared, by the suggestion of the interpreter, that the witness had failed to make himself understood, it was proper for the court to allow him to be reintroduced.
We find no error justifying us in reversing the case. The judgment is therefore affirmed.
Aeeirmed.