J. H. Brown v. State

Citations

• 16 Tex. Ct. App. 197
• 1884 Tex. Crim. App. LEXIS 92

Syllabus

<p>*1. Transcript.—Statement of facts shown by the transcript to have been filed after the adjournment of the trial term of the court will not be considered for any purpose, unless the transcript also brings up an order of court authorizing it to be filed after the adjournment.</p> <p>3. Practice in the Court of Appeals.—In the absence of a statement of facts, this court will inquire no further than to ascertain whether or not the indictment was sufficient to charge the offense and sustain the charge of the court and the verdicc of the jury, except as to matters so presented by bills of exception as to be determinable without a statement of facts, .or where it appears that the conviction was not had by due course of law.</p> <p>3. Same—Charge op the Court.—The rule stated does not preclude this court from revising the charge of the court, in a felony case, when such charge is not warranted by the indictment, and when, under any state of evidence, it would be manifestly erroneous, and may have prejudiced the-rights of the accused.</p> <p>4. Same—Assault to Murder.—Indictment charges the appellant in this-case with an assault with intent to murder one A. The charge of the court authorized the jury to convict in ease they believed from the evidence that he committed such assault upon either A. or M. Reid, error,, because' under no state of proof could, the jury be authorized to convict for an assault on M. under an indictment charging the assault to-have been committed upon A.</p>