Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 260
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260 BARRARA V. THE STATE. [Term of
J. Ml. SMITH, ADMINISTRATOR, v. S. T. ROBB.
WRIT OF ERROR. A writ of error is not the remedy for one removed from
an administration, who gave no notice of appeal at the time of his removal,
and who took no such steps to obtain an appeal or review as
are contemplated by the statute.
ERROR from Trinity. Tried below before the Hon. L. W.
unnn & Williams, for plaintiffs in error.
W. A. Stewart, for defendant in error.
ROBERTS, C. J. This is writ of error to revise a decision of the
District Court dismissing Smith from the administration of the
estate of Forsyth and wife. The party did not give notice of
appeal when the order dismissing him was entered, nor did he
take any steps to obtain an appeal or review of the matter decided,
as contemplated by the statute in such a case. (Paschal's
Digest, pages 1185-6, Articles 5783 to 5791.)
We are of opinion that a writ of error is not a remedy for
such a case, and therefore it it is dismissed upon motion for
defendant in error.
OOTAVIANO BARRARA V. THE STATE.
1. ACCOMPLICE. One jointly indicted with a defendant on trial, and who
testifies upon a condition that all prosecutions concerning the affair of
which he is called to testify be dismissed, is considered an accomplice,
and the defendant in such case is entitled to have the instruction given
to the jury that they shall not convict upon the unsupported testimony
of such accomplice'; and it is so held although the defendant in
his testimony denies the fact of his guilt.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/268/: accessed July 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .