The Texas Criminal Reports: Cases Argued and Adjudged in the Court of Criminal Appeals of the State of Texas, Volumen69State of Texas, 1914 |
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29 Texas 35 Texas Crim 63 Texas admissible admitted aggravated assault alleged Angelina County appellant appellant.-On question appellant's arrest Assistant Attorney-General Atascosa County attorney authorized bill of exceptions C. E. Lane cited Comanche County committed complains conviction County Court court erred court's charge Dallas County deceased Decided February defendant defendant's District Court Eastland County evidence February 19 filed grand jury Greer guilty homicide indictment insanity instructed the jury introduced JUDGE.-Appellant judgment is affirmed jurors killing manslaughter motion objection offense opinion option law overruling parties Pearl Forrester penalty penitentiary permitted person pistol present prosecution reasonable doubt record Rehearing denied remanded reversible error S. W. Rep says second degree self-defense selling intoxicating liquors Shackelford County sheriff shown special charge special term statement of facts statute stolen sufficient testified testimony theft tion told trial of murder Tried verdict Waldrip whisky Wimberly
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Página 34 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Página 519 - That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond a reasonable doubt...
Página 444 - Manslaughter is voluntary homicide committed under the immediate influence of sudden passion, arising from an adequate cause, but neither justified nor excused by law. "By the expression 'Under the immediate influence of sudden passion...
Página 609 - As laws are presumed to be passed with deliberation and with full knowledge of all existing ones on the same subject, it is but reasonable to conclude that the legislature in passing a statute did not intend to interfere with or abrogate any former law relating to the same matter, unless the repugnancy between the two is irreconcilable.
Página 135 - The defendant is presumed to be innocent until his guilt is established by legal evidence beyond a reasonable doubt; and in case you have a reasonable doubt as to the defendant's guilt you will acquit him, and say by your verdict 'not guilty.
Página 582 - Another rule is, that the circumstances taken together should be of a conclusive nature and tendency, leading on the whole to a satisfactory conclusion, and producing in effect a reasonable and moral certainty, that the accused, and no one else, committed the offense charged.
Página 630 - Texas a statute providing that "the husband and wife may in all criminal actions be witnesses for each other, but they shall in no case testify against each other except in a criminal prosecution for an offense committed by one against the other...
Página 173 - All the facts (that is, the necessary facts to the conclusion) must be consistent with each other and with the main fact sought to be proved, and the circumstances, taken together, must be of a conclusive nature, leading on the whole to a satisfactory conclusion...
Página 6 - Where a person only admits certain facts from which the jury may or may not infer guilt, there is no confession.
Página 519 - ... a reasonable doubt of the guilt of the defendant, as charged in the information, he should not, under his oath, consent to a verdict of 'guilty.