Cohron v. State

Court of Criminal Appeals of Texas

Cohron v. State

242 S.W.2d 776, 156 Tex. Crim. 331, 1951 Tex. Crim. App. LEXIS 1569

CourtCourt of Criminal Appeals of Texas

DecidedOctober 10, 1951

DocketNo. 25333

StatusPublished

This text of 242 S.W.2d 776 (Cohron v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cohron v. State, 242 S.W.2d 776, 156 Tex. Crim. 331, 1951 Tex. Crim. App. LEXIS 1569 (Tex. 1951).

Pincite

Opinion

WOODLEY, Judge.

The conviction is for adultery. The punishment, a fine of $500.

The female named in the indictment was placed on the stand by the state and denied that the offense had been committed. The state then introduced a statement made by her to the grand jury wherein she swore to an adulterous relationship with appellant.

The statement made to the grand jury was hearsay and was not competent evidence to establish the facts therein stated. See Branch’s Crim. Law, Sec. 866, p. 548; Rice v. State, 135 Tex. Cr. R. 390, 120 S.W. (2d) 588.

The state’s proof consists solely of the confession of appellant and is therefore insufficient to sustain the conviction. See Watson v. State, 154 Tex. Cr. R. 438, 227 S.W. (2d) 559.

The judgment is reversed and the cause remanded.

Opinion approved by the court.

Free access — add to your briefcase to read the full text and ask questions with AI