Cesure v. State

Citations

• 1 Tex. Ct. App. 19

Syllabus

<p>1. Evidence—Collateral Pacts.—The fundamental rule that evidence must correspond with allegations, and be confined to the issue, excludes proof of collateral facts which afford no reasonable presumption or inference pertinent to the issue joined. To this rule, however, there is an apparent exception when knowledge or intent is a material inquiry.</p> <p>2. Same.—On a trial for willful burning, a witness was allowed, over objection by the accused, to prove that accused had previously been incarcerated as a pickpocket. Held, error; such proof was not only incompetent under the foregoing rule of evidence, but was calculated to deprive the accused of a fair trial of the case at bar.</p> <p>3. Charge of the Court—Argumentative Charge.—Article 595 of the Code of Criminal Procedure (Pase. Dig., Art. 3060) does not prohibit argumentative charges to juries, but only such argument as is calculated to arouse the sympathy or excite the passion of the jury.</p> <p>á. Same—Alternative Penalties.—On trials of offenses to which, alternative penalties are attached, it is the duty of the district judge, whether asked or not, to give such alternative penalties in charge to the jury; and an omission to do so is error.</p>