Gonzales v. State

Citations

• 5 Tex. Ct. App. 584

Syllabus

<p>L Indictment—Election. — When an indictment for murder charges in a single count that the mortal injuries were inflicted by different instruments or means, — as, by shooting, striking, and burning, —the prosecution cannot be forced to elect upon which of them a conviction will be sought,</p> <p>2. Same. —When several counts in the same indictment are substantially for the same offence, and are introduced for the purpose of meeting the evidence as it may transpire, the State will not be required to elect on which it will rely.</p> <p>8. Charos oe the Court—Reasonable Doubt. — On the trial of an indictment for murder, which charged that the homicide was committed by shooting, striking, and burning, the court below instructed for acquittal in case the jury had a reasonable doubt whether or not the deceased came to his death by the hands of the defendant, from wounds inflicted by some of the means charged in the indictment. Meld, correct, inasmuch as the jury were not hound to impute the death to any one of the alleged injuries, hut could convict if satisfied by the evidence beyond a reasonable doubt that it was the result of all of them combined.</p>