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27 Tex. Ct. App. 580

Mann v. State

Court of Appeals of Texas

Decided May 15, 1889

Court of Appeals of Texas · decided 1889-05-15

Tried below before the Hon. J. W. Timmins. The conviction was for burglary, and the penalty assessed by the verdict was a term of two years in the penitentiary. S. J. Dowty was the first witness for the State. He testified, in substance, that he lived in the town of Brown wood, Brown county, Texas, in which town he followed the business of a retail liquor dealer, his drinking establishment being known as the Little Elephant saloon.

Decided 1889-05-15

Willson, Judge.

¶1That portion of the testimony of the witness J. C. Jones relating to the Canadian quarter of a dollar coin, and a Mexican quarter of a dollar coin, which he obtained from unknown"parties, was irrelevant, said coins in no manner being traced to the defendant, and the court erred in refus. ing to exclude said testimony upon the motion of the defendant. Under the facts of this case, this illegal evidence may have influenced the verdict of the jury to the prejudice of the defendant; and because it was improperly permitted to go to the jury, the judgment is reversed and the cause is remanded. ■Other testimony objected to by the defendant was relevant and properly admitted.

¶2Reversed and remanded.

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