Description - The Encyclopedic Digest of Texas Reports (Criminal Cases) Volume 4; Being a Complete Encyclopedia and Digest of All the Texas Case Law (Criminal) Up to and Including Volume 60 Texas Criminal Reports and 140 Southwestern Reporter by Thomas Johnson Michie
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...as changed. Hall v. State, 13 Tex. App. 269. Perjury.--On the trial of a perjury case, an instruction to the jury to convict on the state's case as made by a letter in evidence, n which defendant admitted his guilt, and the evidence of a certain witness, unless it is overcome by other evidence, is on the weight of evidence, and erroneous. Hughes v. State, 32 Tex. Cr. App. 379, 23 S. W. 891. An instruction on a trial for perjury that the state must prove the falsity of the alleged perjured testimony by more than one credible witness, etc., and unless the falsity of the testimony has been established by an amount of evidence greater than the testimony of one witness bearing on that point the jury must acquit, is properly refused because on the weight of evidence. Anderson v. State, 56 Tex. Cr. App. 360, 372, 120 S. W. 462. Rape.--An instruction, after defining rape and its essential elements, that if the jury believed that accused unlawfully took hold of the girl and laid her down, and got on her for the purpose of having carnal knowledge of her, which he attempted, or did, and the girl was a female under fifteen years old, accused was guilty, etc., was not on the weight of the evidence; the facts recited therein being the testimony of the prosecuting witness. Sanders v. State, 112 S. W. 938, 54 Tex. Cr. App. 171. 2. Determination That There Is No Evidence. The court may state to the jury that there is or is not evidence of a particular fact, when the record shows such statement to be true, since whether or not there is any evidence at all as to a fact in issue in a question for the court. Burrell State, 18 Tex. 713. 3. Reference to Evidence as Tending to Prove. An instruction that evidence has been admitted "tending" to show that at the time defend...
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