Howard v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Eastland. Tried below before the Honorable E. A. Hill. Appeal from a conviction of felony theft; penalty, two years imprisonment in the penitentiary. The opinion states the case.
1Opinion of the Court
MORROW, Presiding Judge.
The conviction is for theft, a felony; punishment fixed at confinement in the penitentiary for a period of two years. The facts are not before us.
No written charge was given the jury. This is complained of, and because of it, the State confesses error. The statute commands, in several subdivisions, that in all felony cases the court shall deliver to the jury a written charge, which shall distinctly set forth the law applicable to the case. Code of Crim. Proc., Articles 735, 737a, and 740. This requirement of the statute has been uniformly held mandatory. White’s Ann.…
2Cited by3 opinions
- Crawford v. StateCourt of Criminal Appeals of Texas · 1921
- Quinn v. StateCourt of Criminal Appeals of Texas · 1956
- Quinn v. StateCourt of Criminal Appeals of Texas · 1956