66 Tenn. 80 | Tenn. | 1872
delivered the opinion of the court.
The prisoner was convicted of the crime of stealing a horse, the property of "W. A. Ransom, in Rutherford county, and sentenced to ten years in the penitentiary, and has appealed from the judgment, and for a reversal the following questions are made:
1. The State was allowed to prove the statements made by one Inman, when examined as a witness before the magistrate who, upon a preliminary examination, committed the defendant to answer for this offense. Inman having since died. For this purpose Clark, the magistrate, and one Arnold were examined. This precise question was elaborately examined by this court in Hendrick v. The State, 10 Hum., 479, and it was held that the evidence was admissible in criminal
2. It is argued that the statements of the prisoner made to the deceased witness Inman should have been excluded because made under the influence of fear. This objection is not tenable. Inman proved that near Murfreesboro the prisoner passed him on the road riding fast, he halted him but he did not stop; he drew his pistol on him and compelled him to stop. Inman asked him whose horse he was riding. Prisoner replied it was his father’s, to go home with him and he would prove it. Inman started to go, but remembered that witness’s father owned no horse, and he then returned with the prisoner to town. On the way prisoner admitted that it was not his father’s horse, but that he got him in town. The pistol was
Affirm the j udgment.