Roberts v. State

MORROW, Presiding Judge.

— The offense is vagrancy; punishment fixed at a fine of two hundred dollars.

The record shows, without controversy, that the trial court gave to the jury a verbal instruction touching the law of-the case. It appears by special • charges and by express exceptions to the court in giving the verbal charge that appellant insisted upon a written charge.

In Article 740, C. C. P., it is said:

“No verbal charge shall be given in any case whatever, except in cases of misdemeanor, and then only by consent of the parties.”

In the present case there was no consent. The law does not…