Harrison v. State

Citations

• 8 Tex. Ct. App. 183

Syllabus

<p>1. Charge of the Court must not invade the province of the jury, and should not extend beyond a plain statement of the law applicable to the case. It is not intended as a vent for philosophic disquisition on the nature of evidence, or dissertation upon processes of reasoning. And not only should it abstain from positive expression as to the weight of evidence, and from any discussion of the facts of the case, hut so guarded should be its language that no inference of fact, however remote or obscure, can.be drawn by the jury from the instructions given them.</p> <p>■2. Same—Practice nr this Court. — Whether a charge on the weight of evidence prejudiced the defendant or not, it is error, by express provision of the Code, provided he excepted to it at the time of the trial.</p> <p>3. Privilege of Counsel. — The manner and extent of argument by counsel to the jury are in great measure confided to the discretion of the trial judge; and his exercise of that discretion will not be revised on appeal, except in a clear case of its abuse.</p>