Lyles v. State

Citations

• 41 Tex. 172

Syllabus

<p>1. Juror.—Though the code does not- in express terms make the inability of the jury to speak and understand the language in which the proceedings on the trial are conducted a cause of disqualification, a trial by such a jury is violative of sec. 16, art. 1, of the Bill of Rights.</p> <p>2. Trial by jury.—Proceedings i'n the courts must be conducted in the English language, except in the counties of Nueces, San Patricio, and Refugio, in which the proceedings may be conducted in the Spanish language before justices of the peace, but only when neither the justice of the peace nor the parties are able to write or understand the English language.</p> <p>3. Charge of court.—It is error to charge the jury that “if they believe the defendant killed the deceased without lawful excuse or provocation, but without express malice,” they should find him guilty of murder in the second degree. Such a charge excludes from the jury the consideration of the crime of manslaughter.</p> <p>4. See statement of the case for facts which require the law of manslaughter to be given In charge to the jury:</p> <p>5. Sew trial.-—When there are two jointly indicted and tried, one of whom is acquitted and the other convicted, it is error in the court to refuse -a now trial to the party convicted, when liis motion is sustained by the affidavit of the party acquitted to facts material to the defense, which, by reason of the joint trial, could not he used in evidence.</p>