Newton v. State

ON REHEARING.

MORROW, Presiding Judge.

— Appellant, through his counsel, forcefully qrgues that the charge in the present case offends against the general rule forbidding the court to instruct the jury that when the State has proved the prohibitive act the accused, intending to excuse or justify, must introduce evidence to that end. See Jones v. State, 13 Texas Crim. Rep., 1; Dubose v. State, 10 Texas Crim. App., 230; Art. 51, C. C. P. In our judgment, a different rule controls the present case. It has often been held in cases involving violations of the laws prohibiting the liquor traffic that…