Hill v. State

Citations

• 41 Tex. 253

Syllabus

<p>1. Appeal—Statement of facts.—Where judgment was not rendered upon a verdict of guilty until the next term after it was returned into the court, it is within the discretion of the court below to certify to a statement of facts, sufficient excuse being furnished for the delay.</p> <p>2. See facts excusing the failure to have a statement of facts certified to by the court at the term in which verdict of guilty was rendered, when appeal was taken.</p> <p>3. Trial, when terminated .—The trial may be held incomplete until all the issues of law as well as of fact have been determined, and final judgment entered.</p> <p>4. Circumstantial evidence.—The jury may infer the stealing of the whole property stolen at the same time from proof of the recent unexplained possession of part of the stolen property.</p> <p>5. Variance.—So allegation descriptive of the identity of what is legally essential to the charge in the indictment can be rejected as surplusage, and a variance in the proof as to such description is fatal.</p>