Manley v. State

on rehearing.

October 17, 1923.

LATTIMORE, Judge.

— Upon mature reflection we have concluded that those matters referred to in our former opinion as irregularities, —were of such gravity as that this conviction should not be allowed to stand.

Article 740, C. C. P., forbids the giving of a verbal charge except in a misdemeanor ease and permits it then only by the consent of the parties. This was discussed in the recent cases of Riley v. State, 92 Texas Crim. Rep., 236, 243 S. W. Rep., 467 and Osborne v. State, 93 Texas Crim. Rep., 54, 245 S. W. Rep., 931. While the record in this case reflects no…