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3 Tex. L. R. 151

Womack v. State

Court of Appeals of Texas

Decided June 15, 1884

Court of Appeals of Texas · decided 1884-06-15

<p>Evidence — Confessions.—The admissibility of a confession made by a defendant, when not undsr arrest or in custody, must be determined by the rule at common law. The statutory rule does not apply in such case.</p> <p>Same. — For such confessions to be admissible, it must be made to appear that they were made voluntary, without being induced by threats or promises.</p>

Decided 1884-06-15

¶1In addition to this error committed by the court in the admission of the confession of defendant, we are of opinion, even taking the confession to have been properly admitted, and as part of the evidence that the testimony is not sufficient to establish the guilty complicity of defendant in the taking or theft of the hogs, however much it may show his conduct and subsequent connection with the stolen property to be reprehensible in morals and law.

¶2Judgment reversed and cause remanded.

White, P. J.
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