Powell v. State

Court of Appeals of Texas

Powell v. State

15 Tex. Ct. App. 441, 1884 Tex. Crim. App. LEXIS 23

CourtCourt of Appeals of Texas

DecidedFebruary 27, 1884

DocketNo. 1625

StatusPublished

This text of 15 Tex. Ct. App. 441 (Powell v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Powell v. State, 15 Tex. Ct. App. 441, 1884 Tex. Crim. App. LEXIS 23 (Tex. Ct. App. 1884).

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Opinion

White, Presiding Judge.

A careful consideration of every phase of the evidence elicited at the trial fails to satisfy us that the accomplice or particejps criminis who turned State’s evidence has been corroborated in any material matter which goes to connect appellant with the taking of the animal for the theft of which he has been convicted.

Appellant may be guilty, as is testified by the witness, but the law requires more than such testimony to warrant a conviction, and without it is corroborated in some material matter we cannot sanction a conviction dependent alone upon it.

The judgment is reversed and the cause remanded because of insufficiency of the evidence.

Reversed and remanded.

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White, Presiding Judge.

A careful consideration of every phase of the evidence elicited at the trial fails to satisfy us that the accomplice or particejps criminis who turned State’s evidence has been corroborated in any material matter which goes to connect appellant with the taking of the animal for the theft of which he has been convicted.

Appellant may be guilty, as is testified by the witness, but the law requires more than such testimony to warrant a conviction, and without it is corroborated in some material matter we cannot sanction a conviction dependent alone upon it.

The judgment is reversed and the cause remanded because of insufficiency of the evidence.

Reversed and remanded.

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Bluebook (online)

15 Tex. Ct. App. 441, 1884 Tex. Crim. App. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-state-texapp-1884.