30 Tex. 60 | Tex. | 1867
The confessions of the appellants offered in
It is believed that it has long been the well-settled law, that when declarations were not made under such circumstances as to allow the declarations to be given in evidence, it was, however, competent to show that property which had been stolen had been traced by means of information given by the accused. (Greenl. on Ev., § 231.)
Article 662, Code of Criminal Procedure, act of February 11, 1860, provides, that “The confession shall not be used, if at the time it was made the defendant was in jail or other place of confinement, nor while he is in custody of an oflicer, unless such confession be made in the volun
It does not appear that the appellants actually removed the horses from the lot of the owners, hut the evidence shows them to have been within such distance as to constitute them principals in that transaction. If they did not aid in removing the horses from the lot of the owner, they were near enough to keep watch, and were actually acting with those who went for and took possession of the horses. (Criminal Code, Art. 215,) [Paschal’s Dig., Art. 1810.]
There is no error in the judgment, and it is
Affirmed.