Hobbs v. State

Citations

• 7 Tex. Ct. App. 117

Syllabus

<p>1. Charge of the Court in Misdemeanors.—Note in the opinion the collocation of the provisions of the Code respecting the charge of the court, with especial reference to misdemeanor cases.</p> <p>2. Same.—In misdemeanor cases, the Code expressly provides that “the court i is not required to charge the jury, except at the request of counsel on either side,” and it contemplates that counsel, when they prefer such a request, shall present to the court, in writing, the charge desired. If the requested charge be not so presented, the court is not bound to give the jury any written charge in misdemeanor cases.</p> <p>3. Same. — And if the court, in a trial for misdemeanor, gives in writing an erroneous charge, it is not cause for reversal on appeal unless exception was duly reserved at the time.</p> <p>4. Practice. — If the court, in a misdemeanor case, desires, without giving a written charge, to apprise the jury of the definition and punishment of the offence, this may be done by reading to them from the Code such provisions as are necessary for the purpose. Carr v. The State, 41 Texas, 546, overruled on this point.</p>