Deaton v. State

Citations

• 44 Tex. 446

Syllabus

<p>1. Special pleas—Verdict.—The code (Paschal’s Dig., art. 3091) expressly requires, when a special plea is submitted to them, that the jury must say in their verdict that the matters alleged in such plea are true or untrue.</p> <p>2. Special plea—Practice.—A plea of former, acquittal, regular in other respects, but not stating the day or month of the year when the former trial was had, is not, on that account, a nullity, and it was error to exclude evidence offered, on the trial to support the plea.</p> <p>3. Practice.—It is error to exclude testimony offered in support of a plea merely defective, and liable to be held bad on exception. Such practice would be to try the sufficiency of the pleading after the opportunity of amendment had passed, and might deprive a party of a good defense.</p>