Legal Opinion

Seal v. State

Texas Supreme Court

Decided December 15, 1866PublishedCited by 7 opinions

Appeal from Williamson. The case was tried before Hon. Thomas F. Hughes, one of the district judges. Indictment for theft of a bell and collar of the value of $2 50. Slavery ceased to exist in Texas by the proclamations of President Johnson, General Gordon Granger, and Provisional Governor A. J. Hamilton. They became free in the summer and autumn of 1865. By one of the proclamations of Governor Hamilton they were subjected to trials as other persons.

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Appeal from Williamson. The case was tried before Hon. Thomas F. Hughes, one of the district judges. Indictment for theft of a bell and collar of the value of $2 50. Slavery ceased to exist in Texas by the proclamations of President Johnson, General Gordon Granger, and Provisional Governor A. J. Hamilton. They became free in the summer and autumn of 1865. By one of the proclamations of Governor Hamilton they were subjected to trials as other persons. And by the 8th section of the constitution of 1866 it was declared, that “Africans and their descendants shall be protected in their rights of…

1Opinion of the Court

Willie J.

—There is no error in the judgment of the court below for which it should be reversed. The charge of the court was in accordance With the law of the case, as applicable to the facts in evidence. It was not the duty of the judge to give instructions to the jury, which, though correct as abstract principles of law, were not authorized by the testimony produced upon the trial. It certainly was not his duty to give such abstract charges when they were not even asked by the complaining party. There is nothing in the record from which it appears that the charges asked by *497appellant were…

2Cited by7 opinions

  1. Williams v. StateTexas Supreme Court · 1874
  2. Carr v. BrownSupreme Court of Rhode Island · 1897
  3. Jones v. StateCourt of Appeals of Texas · 1878
  4. Templeton v. StateCourt of Appeals of Texas · 1879
  5. Brown v. StateCourt of Appeals of Texas · 1876

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