43 Tenn. 362 | Tenn. | 1866
delivered the opinion of the Court.
The plaintiffs in error were indicted, in the Cuit Court of Smith County, for stealing one mare and one bay horse, the property of one liam Young. A trial was had, which resulted verdict of guilty. A new trial was refused, roan Wil-in a and
The proof, as set out in the bill of exceptions, shows, that, late in the evening óf the 10th of March 1866, the plaintiffs in error were seen together, passing on foot along the road, near to, and in the direction of, the residence of Young; and again, after having passed Young’s residence a short distance, at a spring. At the time they passed Young’s residence, a roan mare and bay gelding, belonging to Young, were in the lot, and were afterwards put in the stable and fed. Some time during the night following, they were stolen, together with a boy’s saddle, and two bridles. During the same night Mr. Young’s smoke-house, with its contents, consisting of bacon, lard, meat, etc., was burned, either by accident or design. On the 13th of March following, the plaintiffs in error passed through McMinnville, going in the direction of Jasper. One was riding on a boy’s saddle, the other was riding bare-back. They were badly dressed, and riding fine horses. These facts, created a suspicion, in the minds of the citizens of the' town, that something was wrong; and persons were induced to pursue and arrest the men. At the time tmy were arrested they were in possession of the toan mare and bay gelding, and the saddle and bridle, which had been stolen from the stable of oung, on the night of the 10th of March. After their arrest, they were separated and interrogated as to the ownership of the horses — where and how they got them— where they were from, and where they were going.
The prisoners were then lodged in jail at McMinn-ville, where they remained a few days, when they were applied for and taken out of jail by the Sheriff of Smith County, who stated to them, at the time, he was a friend, and had come to take them out of jail; after which they told him, and one Allen, who acted in the capacity of a guard, in assisting the Sheriff to remove the prisoners from McMinnville to Carthage, that they had bought the horses at Mur-freesboro’; that they had never been in Smith County. They assumed several different names, one of which was Allen; but when they got near Carthage they stated that what they had said about never having been in Smith County, was untrue, and then gave their names as Wiley and Massey.
Allen proved, that, while they were on their way from McMinnville to Carthage, with the prisoners in custody, he thinks he told them they ought to tell all the truth about the taking of the horses — that it would be better for them to do so. It also appears, that the statements, made by the plaintiffs in error, to the parties
The counsel for the prisoners asked the Court to withdraw from the jury, all the statements made by the prisoners to the witness, after their arrest, and before they were put in jail at McMinnville; also, the statements made by them to the Sheriff, Smith, and Allen, the guard,' as to how they got the horses — their names, and where they lived — which the Court refused
The counsel for the prisoners objected' to the admission of the testimony concerning the fact of the burning of Young’s smoke-house, on the night the horses were stolen; but the objections were overruled, and the evidence permitted to go to the jury, alone upon the ground, as the bill of exceptions states, set forth in the charge. This, it is insisted, was error.
Upon this subject, the Circuit Judge charged the jury as follows: “The charge upon which the defendants are now upon trial, you are to distinctly bear ‘in mind, is not a charge of house-burning, but a charge of horse-stealing. The offense of burning the house referred to, is one for which the defendants are liable to be tried upon another indictment. You are, therefore, to bear in mind, that in the event you find the defendants guilty of the offense laid to their charge in the present indictment, you are not, in- fixing the punishment, to allow the circumstance of the house-burning to have any influence upon, your minds, in making up your verdict. It is with no such understanding, that the State has been permitted to introduce this circumstance; neither has the State been permitted to introduce it, for the purpose of inference from this, that the defendants would ‘ be capable of
There is no proof, whatever, in this record, connecting the plaintiff in error with the burning of the houses; but, on the other hand, from all we can see, it seems to have been the result of accident; and it is, indeed, 'difficult to discover the object of the introduction of the proof. Eor what purpose it was used upon the trial, or what effect it may have had upon the jury trying the cause, we have no means of ascertaining. His Honor, the Circuit Judge, in his instructions to the jury, says:
“Much has been said in argument, upon both sides, in reference to the fact of a house having been burned, on the premises on which the alleged larceny is said to have been committed, on the same night it is al--leged to have taken place.” It is from this, very apparent, that the counsel for the prosecution, insisted that the circumstances warranted the jury in coming to the conclusion that the plaintiffs in error fired the smoke-house, and did so for the purpose of creating a diversion, by which they would be enabled to accomplish the felonious intention of stealing the horses without detection; but the question for our consideration, is this: Is the evidence admissible, under the*372 rules, for any purpose? The solution of which has given us much trouble.
The general rule is, that nothing shall be given in evidence, which does not directly tend to the proof or disproof of the matter in issue; and evidence of a distinct substantive . offense, cannot be admitted in support of another offense; but, in many cases, it becomes important to ascertain, whether a thing was done accidentally or wilfully, and, in such case, proof of a distinct substantive offense, may be admissible; as, e„ g., if a person be charged with having wilfully poisoned another, by administering a certain powder; and it becomes a question, whether he knew the powder to be poison, evidence would be admissible to show that he had administered it to another person who had died- And when the scienter or quo animo is a requisite to, and constitutes a necessary and essential part of, the crime with which the person is charged, and proof of such guilty knowledge or malicious intention, is indispensable to establish his guilt in regard to the transaction in question, testimony of such acts, conduct, or declarations of the accused, as tend to establish such knowledge or intent, is competent, notwithstanding they may constitute, in law, a distinot crime; and evidence tending to prove a distinct felony, committed by the prisoner, is admissible, when the acts are connected as parts of one entire transaction. When it becomes necessary to prove a guilty knowledge upon the part of the prisoner, evidence of other offenses committed by him, though not charged in the indictment, is admissible for that purpose; and
Tested by these rules, was the evidence competent for any purpose? We think it. was not; and can easily see how it may have had an influence upon the minds of the jury, prejudicial to the plaintiffs in error.
As appears from this record, the burning of the smoke-house of the prosecutor, is wholly unconnected with the stealing of his horses, although it may have happened on the same night.
It is certainly true, as stated by His Honor, the Circuit Judge, that the State is allowed to prove the manner in which the offense under consideration, may have been committed. Such proof tends, with great force, to the elucidation of the questions involved in the issue; and in this case, if the proof showed that the plaintiffs in error, fired the smoke-house for the
The prisoner’s counsel, also, objected to the proof, tending to show the plaintiff in error had committed a larceny, in taking the saddle and bridle; birt the objection was overruled, as we think correctly. . The taking of the horses, and the saddles and bridles, appear to have been parts of the same transaction, and, therefore, the proof as to the saddles and. bridles was admissible as evidence, to establish the guilt of the parties, of the offenses with which they are charged.
It is also insisted there is a variance between the indictment and the proof, in this, that the indictment describes the property stolen, as “one roan mare and one bay horse,” while the proof shows it to have been “one roan mare and one bay gelding.” And it is further insisted, that the plaintiffs in error cannot be convicted of stealing a “bay gelding,” upon an indictment charging them of stealing a “bay horse;” and that, under the Act of May 17, 186*5, they cannot be convicted of stealing a mare; and that the charge of the Circuit Judge to the jury, that the word “horse,” as used in the Act, includes animals of both sexes, is erroneous; but we do not think either of these propositions can be maintained.
Section 50 of the Code, provides, that “words used
These provisions were not intended to define the words, “horse, mule, ass,” and limit the definitions thus given to the words as used by the Code; but they were intended to affix a legal definition to the words* whenever used; and sec. 1 of the Act of May 17, 1865, declares that, “whoever shall feloniously take or steal any horse, mule, or ass, shall, on conviction,” etc.'
But, because of the admission of incompetent testimony as to the burning of the smoke-house of the prosecutor, the judgment of the Circuit Court must be reversed; and the cause remanded.