White v. State
Texas Supreme Court
Appeal from Brazoria. There was proof that the defendant never returned the gun ; that he sold the horse; and other circumstances showing an evil state of mind at the time. The defendant excepted to the admissibility of the evidence of these circumstances. The charge, asked by the defendant, respecting a reasonable doubt, was as follows: “Also, that “ the affirmative remains on the State, who must prove beyond “ a reasonable doubt. Doubts to benefit of prisoner.”
1Opinion of the CourtLipscomb, J.
The appellant was indicted in Brazoria county, for stealing a rifle gun, of the value of fifty dollars, the property of Davis; he was convicted of the offence charged, and sentenced to two years’ hard labor in the penitentiary. There was a motion for a new trial, which was overruled, and an appeal to this Court.
There are several grounds assigned for error, but the only material points to be considered, are, error in the charge of the Court upon the law, and the refusal to grant a new trial. The gun had been obtained by the prisoner, under the following circumstances, viz: The prisoner applied…
2Cited by12 opinions
- King v. StateCourt of Criminal Appeals of Texas · 1909
- Maddox v. StateTexas Supreme Court · 1874
- Lewis v. StateCourt of Criminal Appeals of Texas · 1914
- Bink v. StateCourt of Criminal Appeals of Texas · 1906
- Martin v. StateTexas Supreme Court · 1875
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