Loyd v. State

Citations

• 19 Tex. Ct. App. 321
• 1885 Tex. Crim. App. LEXIS 196

Syllabus

<p>1. Wilful Obstruction of a Public Road — Charge of the Court.— When the criminal nature of the act denounced by statute depends upon the fact that it was “ wilfully ” done, it is incumbent upon the trial court to embrace in its charge to the jury a correct definition of the term “ wilful,”</p> <p>S. Same—Definition of a Term.— The legal meaning of the word “wilful” is “ with evil intent or legal malice, or without legal ground to believe the act to be lawful.” See the opinion in extenso for a charge of the court held to respond substantially to the correct definition of the term “ wilful,” though not as explicit as a special charge which was refused.</p> <p>8. Same.— Practice in Misdemeanor Cases requires that a defendant dissatisfied with a charge of the court shall both except to the charge when given and ask such additional charges as he may desire. Unless this be done in the trial court, the charge will not be revised on appeal except for radical error.</p>