Granger v. State

Citations

• 11 Tex. Ct. App. 454

Syllabus

<p>1. Charge of the Court when read to the jury must be filed, and from that time constitutes a part of the record in the cause. Its alteration or amendment without the consent of the defendant is such error as will necessitate reversal of a conviction.</p> <p>2. Same.—When additional instructions are allowed to be given at the request of the jury, they can only be given when the defendant is present in court.</p> <p>3. Same.—The court, of its own motion, altered its charge in the absence of the defendant and without his knowledge or consent; of which action he complained in his motion for new trial. Held, that whether or not the alteration was material, the action of the court was error.</p> <p>4. Saaee.—Alibi being the defense interposed, the court below erred in failing to charge sufficiently the law on that issue.</p>