Bishop v. State

Citations

• 43 Tex. 390

Syllabus

<p>1. Charge on weight of evidence.—On the following charge given a jury, viz, “ in criminal cases the jury mnst discard from their consideration any part or the whole of the testimony of any witness that they may regard as improbable or untrue, and find them verdict on such evidence as they may regard as true and worthy of credit: ” Held, a charge upon the weight of evidence and error, because, (1st.) There is no difference between civil and criminal cases as to the right of the jury freely to weigh the evidence and find according to their convictions of its truth or falsity; (2d.) Though the improbability of a statement by a witness may diminish his credibility, there is no rule of law which requires a jury to discard it from their consideration.</p> <p>2. Practice—What errors in charge not excepted to wild require a reversal.—Though a charge clearly erroneous he objected to for the first time in this court on appeal, yet, if it relates to a material matter and was calculated to mislead the jury to defendant’s injury, it will constitute cause for a reversal.</p> <p>3. Practice.—A charge upon the weight of evidence, if excepted to at the time by defendant, is made by statute an express ground for reversal; but if not excepted to at the time, but the error is presented for the first time in a motion for a new trial, then its consideration by the Supreme Courtis subject to another and very different rule, which is, was such error, under all the circumstances as exhibited in the record, calculated to injure the rights of the defendant ?</p> <p>4. Practice.—A party who makes his objection to judicial action prejudicial to him, at the proper time, is entitled to have his objection more favorably considered than if it had been inopportunely delayed.</p> <p>5. Charge of the court.—It is only necessary to give such instructions as arc applicable to every legitimate deduction which the jury may draw from the facts.</p> <p>¡8. Theft—Charge of court.—When on the trial of one