Hannahan v. State

Citations

• 7 Tex. Ct. App. 610

Syllabus

<p>1. Charge of the Court.—In responding to a request for further instructions, the judge must limit his instruction to»the particular matter indicated by the jury.</p> <p>2. Same—Accomplice Testimony.—The jury having asked whether they could convict if they believed a principal witness for the State was a pariiceps criminis, the court instructed them that they could if the proof, in itself or in connection with other evidence, established the allegations of the indictment, “and if there are any other facts and circumstances which you have found from the testimony to he true, and which tend to connect the defendant with the commission of the offence, other than the mere fact of its commission,” and supplemented the instruction with the criteria usually applied to testimony in general. Held, that the instruction is not limited to the question put by the jury, and, as a response to it, is inadequate and misleading.</p>