Gonzales v. State

Citations

• 12 Tex. Ct. App. 657

Syllabus

<p>1. Evidence — Charge oe the Court.— Where the inculpatory evidence is purely circumstantial, the charge of the court must expound to the jury the nature and conclusiveness of that character of testimony, to warrant a conviction upon it. It is a part of the law applicable to the case, and cannot be omitted from the charge without causing error fatal to the conviction.</p> <p>2. Evidence.— A written admission of certain facts voluntarily signed by the defendant, executed evidently to avoid a continuance by the State, with the knowledge that it would be relied upon by the State to prove the facts admitted, and which was not shown to have been made by the. defendant ignorantly or through mistake, or that it had been obtained by improper means, was not a confession nor governed by the same rules as confessions, and was admissible in behalf of the State.</p> <p>3. Burglary.—Indictment charged the offense of burglary in two counts; the first count charging the offense to have been committed in the day-time, and the latter at night. Held, that the court erred in requiring the State to elect upon which count the defendant should be tried. See the opinion in extenso on the question.</p>