Benavides v. State
Court of Criminal Appeals of Texas
In view of the questions on which the case was disposed of on appeal, it becomes unnecessary to make a statement of the facts of the case. After the court had read its charge to the jury, defendant, by counsel, excepted to the same, and asked additional instructions, which were refused.
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In view of the questions on which the case was disposed of on appeal, it becomes unnecessary to make a statement of the facts of the case. After the court had read its charge to the jury, defendant, by counsel, excepted to the same, and asked additional instructions, which were refused. Some thirty minutes or more after the jury had retired to consider of their verdict, it is made to appear by defendant’s bill of exceptions in the record, that the court, of its own motion, had the jury recalled into the jury box, and submitted to them an additional charge on the subject of circumstantial…
1Opinion of the CourtDavidson, Judge
This appeal is prosecuted from a conviction of horse theft
Counsel for appellant prepared and requested the court to give the jury several instructions, all of which were refused except one, because substantially they had already been given in the charge of the court. Upon an inspection of the record, we are of opinion that the court was correct. Repetition of charges is not necessary. Willson’s Crim. Stats., sec. 2354.
During their retirement, and prior to their verdict, the court, of its own motion, had the jury recalled into open court, and gave them an instruction with reference to the law…
2Cases cited12 opinions
- Nicholson v. StateCourt of Appeals of Maryland · 1873
- Hall v. StateIndiana Supreme Court · 1858
- Breedlove v. BundyIndiana Supreme Court · 1884
- Jones v. PattenIndiana Supreme Court · 1851
- People v. PerryCalifornia Supreme Court · 1884
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3Cited by10 opinions
- Casias v. StateCourt of Criminal Appeals of Texas · 1973
- Byrd v. StateCourt of Criminal Appeals of Texas · 1912
- Perry v. StateCourt of Criminal Appeals of Texas · 1913
- Chapman v. StateCourt of Criminal Appeals of Texas · 1900
- Barton v. StateCourt of Criminal Appeals of Texas · 1908
5 more not listed; retrieve them via the Exa API.