# Smith v. State

> Court of Criminal Appeals of Texas · June 25, 1904 · 46 Tex. Crim. 267

URL: https://www.frixlaw.com/law-library/cases/3963424

## Case

- **Full name:** Catherine M. Smith v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 25, 1904
- **Citations:** 46 Tex. Crim. 267; 81 S.W. 936; 1904 Tex. Crim. App. LEXIS 111
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Brooks, Davidson, Henderson
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3963424

## Opinion text

I agree to the reversal, but do not agree that the writ of possession could be used as evidence. It was functus officio in my judgment. Nor do I agree that the statement of the husband could be used against the wife, appellant herein. She in my judgment should not he held conspirator with her husband. That she may be a principal may be conceded. I do not believe the Hudson decision is involved in this case. If the husband and wife can be held for conspiracy, then the Hudson case would apply as stated by brother Brooks. I may write out my views more fully. *Page 287

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3963424. Public record. Not legal advice.