Stuckey v. State
Court of Appeals of Texas
Appeal from the District Court of Rains. Tried below before the Hon. Gr. J. Clark. The appellant was indicted for the theft of a certain mare, worth $40 and belonging to one James Pope, in the county of Rains, on June 4, 1878. The trial resulted in a verdict finding the appellant guilty, and assessing his punishment at five years’ confinement in the penitentiary.
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Appeal from the District Court of Rains. Tried below before the Hon. Gr. J. Clark. The appellant was indicted for the theft of a certain mare, worth $40 and belonging to one James Pope, in the county of Rains, on June 4, 1878. The trial resulted in a verdict finding the appellant guilty, and assessing his punishment at five years’ confinement in the penitentiary. James Pope, the principal witness for the State, testified that at the time charged in the indictment, and for two' years anterior thereto, he was the owner of an unbranded bay mare pony, which, about May or June, 1878, was running…
1Opinion of the CourtClark, J.
It has ever been the aim and purpose of our law to separate with distinct and well-defined boundaries, the respective provinces of the judge and jury, and to guard with sedulous care against all invasions by the one upon the province of the other. This principle had become firmly established in our system of jurisprudence before the adoption of the Codes, and it was securely perpetuated among their many other salutary provisions.
The judge is required, after the argument of a criminal causé is concluded, to deliver to the jury a written charge, in which he shall distinctly set forth the law…
2Cases cited2 opinions
- Brown v. StateTexas Supreme Court · 1859
- State v. SchoolfieldTexas Supreme Court · 1861