Tilley v. State (21 Tex. 200, 1858)

Wheeler, J.

The Code changes the Common Law rules-of evidence only in so far as they conflict with its provisions. (C. C. P. Art. 638.) Article 589 of the Code of Criminal Procedure and the concluding sentence of Article 230 of the Penal Code are but declaratory«of the Common Law. (1 Greenl. Ev. Section 379.) And so considered they cannot be held to operate a repeal by implication, and cannot effect a change in the Common Law rules of evidence. They do not “conflict” with the rules of the Common Law. The Code operates no repeal by implication of the rules of evidence of the Common Law. That is forbidden by the Article first above cited. It follows that the provision that persons charged as principals, accomplices,