Hatch v. State

Citations

• 8 Tex. Ct. App. 416

Syllabus

<p>1. Status of Case oh New Trial. — The Code of Procedure explicitly enacts that when a new trial has been awarded by the Court of Appeals, the cause shall stand as though the new trial had been granted by the court below; that the effect of a new trial is to place the cause in the same position it occupied before any trial of it; and that “ the former conviction shall be regarded as no presumption of guilt, nor shall it be alluded to in the argument.” These rights of a defendant are not to be overslaughed on any assumption that the new trial was obtained on a “technicality,” and any attempt to deprive him of their benefit is'itself a violation of law.</p> <p>2. Practice.—A defendant is entitled to avail himself of every “technical” as well as substantial right accorded him by the law, and the zeal of prosecuting officers is by far the most prolific source of the errors which, by disregard of such rights, necessitate reversals and new trials. It is the duty of the trial courts to protect prosecuting counsel from being entrapped into malpractice of this character by devices of the defence.</p> <p>3. Same — Privilege of Counsel. — See the opinion in extenso on the scope of legitimate argument, and on the duty of the courts to enforce the law in this as in all other respects.</p> <p>4. Forgery. — Art. 439 of the Penal Code is pertinent to the making or altering of written instruments, but not, it seems, to the uttering of forged instruments.</p>