Johnson v. State

Citations

• 14 Tex. Ct. App. 306
• 1883 Tex. Crim. App. LEXIS 176

Syllabus

<p>1. Practice—Sentence.—Article 792 of the Code of Criminal Procedure provides that “A sentence is the order of the court, made in presence of the defendant, and entered of record, pronouncing the judgment and ordering the same to be carried into execution in the manner prescribed by law.” It is not required that the sentence should show that the defendant was asked, before it was pronounced, if he had anything to say why it should not be passed; and the failure of the record to show that fact is not reversable error. This court presumes, in the absence of any statute requiring the record to make such affirmative showing, that the trial judge complied with the provisions of Article 798 of the Code of Criminal Procedure.</p> <p>8. Same.—To authorize reversal of a conviction for non-compliance with article 798 of the Code of Criminal Procedure, it must appear, by proper bill of exceptions, that the trial judge refused to ask the defendant if he had aught to say why sentence should not be pronounced, and deprived him of his legal right to be heard in bar thereof.</p> <p>8. Assault—Charge of the Court—Case Approved.—See the case in extenso for an approval of a charge of the court in Higginbotham's case, 23 Texas, 575, defining the elements of an assault.</p> <p>4. Practice.—Arrest of judgment can be granted, upon motion, “only upon such grounds as would be good upon exceptions to an indictment or information for any substantial defect therein;” and hence, that the clerk of the District Court, who officiated on the trial, was hot the district clerk de jure, was not an objection good upon motion in arrest of judgment.</p> <p>6. Same.—The authority of a district clerk de facto cannot be questioned in a collateral way, as, for instance, in a motion in arrest of judgment.</p> <p>6. Assault with Intent to Murder—Pact Case.—See -evidence held sufficient to sustain a conviction for assault with intent to murder.</p>