Brown v. State

Citations

• 43 Tex. 478

Syllabus

<p>1. Notary public, how appointed.—It seems that the Governor's appointment of a notary public is inoperative without the advice and consent of the Senate. (Paschal’s Dig., art. 4687.)</p> <p>2. Falsely assuming- to be a notary public.—On the trial for falsely assuming and pretending to he a notary public against one appointed by the Governor without the advice and consent of the Senate, it is error to instruct the jury “that, if the defendant acted as notary and was not legally entitled to do so they would find him guilty, unless he had reasonable ground to believe that he was entitled to exercise the functions of the office.” The guilt or innocence of the accused depended on his “belief, intent, or honesty of purpose,” and not on the reasonablenes of such belief.</p>