Guerrera v. State

Christian, Judge.

The offense is murder; the punishment, confinement in the penitentiary for 99 years.

It appears from bill of exception No. la that the court charged the jury on Sunday, March 6, 1938, at 1:50 P. M. Charging the jury is strictly a judicial act. Moss v. State, 173 S. W. 859. Courts have no right to pronounce a judgment, or do any other act strictly judicial, on Sunday, in the absence of a permissive statute. Bloss v. State, 75 S. W. (2d) 694; Shearman v. State, 1 Tex. App. 215. We have in this state no statute permitting the jury to be charged on Sunday. In Moss v. State, supra,…