Brown v. State

Citations

• 3 Tex. Ct. App. 294

Syllabus

<p>1. OonTnnrAiroB. —An order of continuance being interlocutory in its nature, the court which grants it may have authority to set it aside without the consent of the accused; but, if so, it is a power which should be exercised only in exceptional cases, and such as most plainly show that there is no abuse of judicial discretion and no material injury to the accused.</p> <p>2. Same.—A first continuance was granted in a murder case, on defendant’s application, because of the absence of a witness. Subsequently the witness was indicted for the same murder, and thereupon the court, without the consent of the defendant, set aside the order of continuance. Defendant then made application on account of the absence of another witness. Held, that this latter is to be regarded as a first application, and, being in compliance with the statute, it was error to overrule it.</p> <p>3. Practice.—An order placing witnesses under the rule, and the terms of such an order, are matters confided in a great measure to the discretion of the court; hut that discretion should not be so exercised as to defeat the purpose of the order. For instance, attorneys should not he allowed, ad libitum, to confer with witnesses who are under the rule. Such conferences should he conducted in the presence of an officer.</p> <p>4. Same.—By leave of court an attorney had a conference with a witness under the rule, and, after the latter had testified, proposed to swear that the witness made to him statements contradictory of his testimony. B.eld, that the attempt to discredit the witness in this manner, and under such circumstances, was properly disallowed.</p> <p>6. Charge op the Court. —A charge should not assume the guilt of the accused, nor indicate any opinion of the court on that question.</p> <p>6. Verdict.—Judgment cannot he rendered in a murder case on a verdict which recites that the jury “find the defendant guilty, and assess his punishment at death.” The statute is mandatory that the verdict mu