Hemanus v. State

Citations

• 7 Tex. Ct. App. 372

Syllabus

<p>1. Practice in the Court or Appeals. — Unless signed and approved by the judge who presided at the trial below, a document embodied in the transcript, and purporting to be a statement of facts, cannot be recognized as such by this court, though signed by counsel for the State and the defendant; and, without a statement of facts, this court will consider only the indictment, the charge of the court below, and matters so presented by bills of exception as to be determinable without a statement of the facts of the case.</p> <p>2. Assault with Intent to Commit Rape — Charge op the Court.—In a trial for this offence, the court below gave to the jury the statutory definition of rape, and the punishment for assault with intent to commit rape, but gave no instruction respecting an assault or an aggravated assault, and refused special instructions properly supplying the defects of the general charge on these elements of the offence. Held, that, the case being a felony, it was incumbent on the court, whether asked or not, to have given to the jury the law submitted in the requested instructions.</p>