Brownlee v. State

Citations

• 13 Tex. Ct. App. 255
• 1882 Tex. Crim. App. LEXIS 215

Syllabus

<p>1. Murder—Practice—Proof of General Character.—An inquiry as to character must be limited as to the general reputation of the person in the community of his residence, or where he is best known, and the witness must speak from his knowledge of this general character, and not from his own individual opinion. The statement of a witness that he had been well acquainted with the defendant and the deceased for several years, and that he lived in the same community in which they lived, did not qualify the witness to testify as to the general character of the parties respectively, for peace or violence.</p> <p>2. Same—Charbe of the Court—Practice in this Court.—In considering a charge, and testing its correctness and sufficiency, this court views it as a whole and not in detached parts; and if as a whole it is found unexceptionable, presenting clearly and fully, and in manner not likely to mislead the jury, the entire law of the case, it is deemed sufficient.</p> <p>3. Same.—When requested charges are substantially embraced in the general charge of the court, the refusal of the court to give them is not error.</p> <p>4. Same—Evidence.—See the opinion in extenso for evidence held sufficient • to sustain a conviction for murder in the second degree.</p>