Legal Opinion

Cady v. State

Court of Appeals of Texas

Decided July 1, 1878Published

Appeal from the County Court of Coryell. Tried below before the Hon. S. B. Raby, County Judge. The information charged the theft of a breast-strap worth 75 cents.

1Opinion of the CourtWhite, J.

The charge of the court in this case does not attempt to define or explain to the jury the nature, elements, or ingredients of the offense charged. As was said in Johnson v. The State, 1 Texas Ct. App. 118, “In cases of theft, whilst it is not essentially requisite that the judge, in his charge, should give the definition of the offense literally in the language of the statute, yet, where he fails to do so, he should, in most cases, inform the jury of the nature and character of the elements and ingredients composing the crime. Jurors may have a very good general idea of what is meant by…

2Cases cited2 opinions

  1. Radford v. StateTexas Supreme Court · 1872
  2. Boyle v. StateTexas Supreme Court · 1873

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