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17 Tex. Ct. App. 444

Tisdale v. State

Court of Appeals of Texas

Decided January 28, 1885

Court of Appeals of Texas · decided 1885-01-28

Tried below before the Hon. O. C. ICirven, County Judge. This is the companion case to the preceding one of Harrison v. The State, the conviction being for the same offense—horse racing on a public road — and the penalty being the same. It was based on the same evidence. *.

Decided 1885-01-28

Willson, Judge.

¶1Each of the State’s witnesses who testified that the defendant had participated in the horse racing on a public road, had engaged in the same offense, and were, therefore, accomplices therein. Their testimony, in so far as it implicated the defendant in the commission of the offense, was uncorroborated. On the contrary, it was contradicted by the other evidence in the case. Testimony of accomplices, uncorroborated, will not sustain a conviction. (Code Crim. Proc., art. 741; Powell v. The State, 15 Texas Ct. App., 441; Dunn v. The State, Id., 560.)

¶2Other objections to the conviction presented in the record are, we think, untenable. Because the judgment is not supported by such evidence as the law demands, the same is reversed and. the cause is remanded.

¶3Reversed and remanded.

¶4[Opinion delivered January 28,1885.]

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