Copeney v. State

Citations

• 10 Tex. Ct. App. 473

Syllabus

<p>1. Pbactice — Bills of Exception.—On the trial of an accused charged with theft of a mare, a witness for the defendant was asked if he did not direct the accused to go and get the mare and bring her to him; which question was objected to by the State on the ground that the “ witness had no right to direct the accused to steal the mare.” When the objection was interposed the trial judge asked defendant’s counsel: “ Do you propose to prove that witness directed him to steal the mare ? ” The question to the witness was excluded, and to its exclusion an exception was taken, but no exception was then taken to the remark of the judge, though after conviction it was embodied in a bill of exceptions, and was assigned for error. Held, that such matters should be saved by exceptions properly taken at the time, otherwise this court will not reverse unless it be apparent that the accused was injured by the remark of the judge.</p> <p>2. Pbactice.— It is objectionable practice for a trial judge, in passing upon any question of law arising in a case, to make any remarks or inquiries, in the hearing of the jury, which might appear to be the expression of an opinion as to the facts.</p>