Bray v. State

Citations

• 41 Tex. 560

Syllabus

<p>1. Reasonable doubt in criminal cases.—It is error to charge the jury “that such doubt must not be a mere possible doubt, but it must be a doubt sustained by the evidence, upon a review of all the facts and circumstances of the case, such as a reasonable man would act upon in any of the important concerns of life.”</p> <p>2. Theft—Trespass.—In a trial for theft, when the evidence shows a public taking and a claim of right in the property by the accused, the jury should be instructed that any reasonable doubt as to the honest or felonious intent should be given in favor of the accused.</p> <p>3. Oath of jury in State cases.—Record must show that the jury was sworn in criminal cases. The recitation of an oath different from that prescribed is fatal, and is ground for reversal, although the record may also state that the jury were duly sworn.</p>