Underwood v. State
Underwood v. State
Opinion of the Court
delivered the opinion of the court.
Appellant was convicted on a charge of murder and sentenced to the penitentiary for life. The proof in the case consisted of circumstantial evidence and a confession by appellant. The evidence is sufficient to support the verdict of guilty.
Appellant assigns as error the action of the trial court in permitting witnesses to testify relative to the measurement of shoes worn by appellant with tracks near the scene of the homicide, which measurements and comparisons were made while appellant was under arrest and in custody of an officer. Appellant claims that this was in
Affirmed'.
Reference
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- 1. Criminal Law. Privilege of accused. Testimony against self. Where accused, while under arrest, charged with the murder, voluntarily placed his foot with his shoe on, in a footprint found near the place of the homicide, evidence of another witness as to the measurement of his shoe and the tracks near the scene of the homicide, was not objectionable as violating his constitutional guaranty against being compelled to give evidence against himself. 2. Criminal Law. Identification. Footprints. Evidence showing the comparison of footprints as a means of identifying a guilty party is admissible. It is competent for a witness to testify that he fitted shoes, found on the áecused, in tracks found near the scene of the crime.