Keef v. State

Citations

• 44 Tex. 582

Syllabus

<p>1. Statement of facts.—A statement of facts agreed to and signed by the attorneys of both the parties, and presented to the judge during the term, but not indorsed approved, but after the adjournment certified by the judge to be genuine, will not be considered on appeal.</p> <p>2. Practice.—The practice of oral examination of witnesses whose affidavits have been presented in support of motions for new trial, criticized and disapproved.</p> <p>3. Practice on appeal.—In the absence of a statement of facts, the sufficiency of a motion for new trial will not be determined, nor will the charge of the court be revised, if such charge in any ease could be correct.</p> <p>4. Theft—Intent.—A charge to the jury requiring that “ the proof should show that the defendant did take the animal, (alleged to have been stolen,) thereby depriving the owner of its value,” sufficiently instructs the jury that the taking must have been “with intent to deprive the owner of its value.”</p>