Black v. State

Citations

• 1 Tex. Ct. App. 368

Syllabus

<p>1. Evidence oe Deceased Witness.—At a second or subsequent trial of a: criminal charge it is competent for the prosecution to put in evidence the testimony given at a previous trial by a witness who has since died; and such testimony may be proved by a person who heard it given, and who can qualify himself to state the substance of it. Suefy evidence is not in, contravention of the constitutional right of the accused to be confronted with the witnesses for the state.</p> <p>2. Same—Dying Declabations.—The above ruling applies as well to dying; declarations made by a party killed as to other facts testified to by the-deceased witness.</p> <p>3. Same.—Objections to the admission of dying declarations must be interposed at the trial in the court helow; they come too late when raised in this court for the first time.</p> <p>4. Charge oe the Court—Presumption oe Innocence and Reasonable Doubt.—The evidence adduced to inculpate the accused in the homicide was altogether circumstantial. At the trial below he asked the court to give in charge to the jury, in the language of Article 3105, Paschal’s Digest, the presumption of innocence and the reasonable doubt, which the court refused. Held, error, notwithstanding that the court, in its general charge, had instructed the jury to acquit the accused if they entertained “ a reasonable and well-founded doubt of his guilt, arising out of the evidence.”</p> <p>6. Same—Burden oe Prooe.—Accused, being on trial for murder, asked the court below to instruct the jury that “the burden of proof to show the truth of the charge is at all times on the state.” Held, that the refusal of the instruction was error.</p> <p>6. Same—Reasonable Doubt.—The indictment charged that the appellant was present, aiding and encouraging one W. in the murder of the deceased. At the trial the appellant asked the court to give in charge to the jury the reasonable doubt, with special reference to the question whether he-was present at the commission of the cr