Leverett v. State

Citations

• 3 Tex. Ct. App. 213

Syllabus

<p>1. Jury—Verdict.—In a felony case the jury agreed upon a verdict of guilty, and assessed the term of confinement in the penitentiary at the average of the several assessments of the twelve jurors. It was not shown that the jurors, before making the computation, agreed to be bound by the result. Held, not ground for new trial.</p> <p>2. Charge oe the Court.—Five witnesses having sworn that, from the general reputation for truth of the principal state’s witness, they would not believe him on oath, the accused asked the court to charge the jury that they could receive or reject any evidence on the ground of credibility, and could not convict until the presumption of innocence was overthrown by proof made by credible witnesses or by circumstances; which instruction was refused. Held, properly refused, because it is not the business of the court to tell the jury either to accept or reject testimony.</p> <p>3. Same. — Ordinarily, the province of the court is limited to determining the admissibility of the evidence, without instructing the jury upon its weight.</p> <p>4. Credibility of Impeached Witness. — Though a witness be impeached by others, the jury are the judges of the credibility of his testimony in the particular case on trial.</p> <p>5. Practice nr this Court. — Only in cases were the verdict appears to be wrong, oppressive, and unjust will this court disturb it on account of the evidence.</p>