Drinkoeter v. State

Citations

• 16 Tex. Ct. App. 72
• 1884 WL 14201
• 1884 Tex. Crim. App. LEXIS 70

Syllabus

<p>Obstruction of a Public Road—Presumption of Innocence—Charge of the Court.—The court charged the jury as follows: “If you believe from the evidence that the defendant obstructed the road charged to have been obstructed, in Guadalupe county, and that said road is a public road, and that in doing so an offense was committed, the Jaw then presumes that the act was intentionally and wilfully done, and it rests with the defendant and devolves upon him to prove the accident or innocent intention.” Another charge was as follows: “On the trial of a criminal action, when the facts have been proved which constitute the offense, it devolves upon the accused to establish the facts or circumstances on which he relies to excuse or justify the prohibited act or omission.” Held,, that both of these charges were erroneous. See the report of this case on former appeal, 14 Texas Court of Appeals, 67.</p>