Cox v. State

I agree with my brethren that the failure of the trial court to charge the jury concerning the testimony of Shelton and Johnson is a matter of controlling importance. By fuller objection than was made in the recent case of Ernster v. State, 164 Texas Cr. Rep. 422, 308 S.W. 2d 33, this defect in the charge was called to the trial court’s attention. In Ernster we reviewed the holdings of this court beginning with Taylor v. State, 50 Texas Cr. Rep. 381, 97 S.W. 474, decided in 1906, and the consistent adherence through the years to the rule therein expressed. By authority of Ernster and the case…