Marshall v. State

Citations

• 40 Tex. 200

Syllabus

<p>1. It is the duty of the judge on the trial of a criminal cause to distinctly set forth the law applicable to the case, as developed by the facts proved; and this is not accomplished by simply announcing the general principles of law defining the particular offense charged.</p> <p>2. The judge should anticipate the conclusion, upon the facts proved, to which the jury might properly arrive from the evidence, and instruct them as to what combination of such facts, if proved to their satisfaction, would constitute the offense charged, and what combination of such facts (if they exist) would excuse or justify the defendant, or establish his innocence.</p> <p>3. If the evidence is conflicting and points to different conclusions of fact, some of which would mitigate the offense, then the judge should instruct the jury as to what fact, or combination of facts, would mitigate the offense to a lower degree, which might be embraced in the indictment.</p>