Cooker v. State

Citations

• 31 Tex. 498

Syllabus

<p>Unless an exception be taken to the overruling a motion for a continuance, this court cannot properly revise the action upon the affidavit. (Paschal’s Dig., Arts. 1593, 2987, Notes 595, 736.)</p> <p>It is a common but an erroneous practice in homicide for the judge to charge the jury upon the whole law of homicide. All charges ought to be founded on the special facts in each case, and the law expounded in the charge, hypothetically upon, the facts, in all their varying aspects, as conducing to establish the guilt or innocence of the prisoner. (Paschal’s Dig., Arts. 3059, 3060, Notes 744, .745.)</p> <p>Where the charge was too favorable to the appellant, he has no cause to complain.</p> <p>[See the histpry of the case, which justified a verdict for manslaughter, and might have justified a higher offense. Paschal’s Dig., Arts. 2250-2267, Notes 670-672.]</p>