Hawkins v. State

Citations

• 17 Tex. Ct. App. 593
• 1885 Tex. Crim. App. LEXIS 39

Syllabus

<p>1. Practice — Certificate of Transfer from the District to the County. Court.— If a prosecution in the county court be dismissed because of an insufficient certificate to the proceedings in the district court from whence the case was transferred, it is not reversible error to permit the State’s attorney to file another and complete certificate and proceed with the case. The better practice, however, would be to file such correct certificate in answer to the motion to dismiss. See this case in illustration.</p> <p>2. Same—Continuance.— An application for a continuance, to be sufficient, should negative the fact of a want of diligence to secure the attendance of the absent witnesses.</p> <p>3. Same — Evidence.—The defense in an assault case proposed to prove that it was the custom and practice of the defendant and his associates to denounce each other in violent and abusive language on the occasion of dispute or controversy between them, sometimes.flourishing deadly weapons and indulging in threats, when in fact such conduct was merely matter of jest, and attended by no actual intention of committing violence. This evidence was excluded upon the State’s objection. Reid, that the court did not err. See the opinion in extenso on the question.</p> <p>4. Same—Charge of the Court.— When the general charge, or a special charge given, embraces the substance of a subsequent special charge asked, the court is not required to give such subsequent special charge.</p>