McConnell v. State

Citations

• 22 Tex. Ct. App. 354
• 3 S.W. 699
• 1886 Tex. Crim. App. LEXIS 264

Syllabus

<p>1. Pleading—Murder—Indictment.—It is a well settled principle of criminal pleading that if, eliminating surplusage, an indictment so avers the constituents of the offense as to apprise the defendant of the charge against him, and enable him to plead the judgment in bar of another prosecution, it is good in substance under our code. See the opinion in extenso for an indictment with surplusage eliminated by the court, held sufficient to charge murder in the first degree; and see the statement of the case for the charging part of the indictment in full.</p> <p>2. Same—Evidence.—It was objected by the defense, in a murder trial, that the court erred in permitting the State to prove by four witnesses the condition of the body of the deceased after exhumation. Two witnesses present at the exhumation of the body having testified to its condition when they saw it, the State was permitted to prove its condition by two other witnesses, one of whom was a physician. Held, that there was no error in the action of the trial court.</p> <p>3. Same—Privilege or Counsel.—The abuse of the privilege of argument by counsel, in order to authorize a reversal of a conviction, must appear to have been so gross in the use of words, terms and epithets unwarranted by the evidence that they were calculated to injure materially • the rights of the defendant, See the opinion in extenso for the remarks employed by the State’s counsel, held, though reprehensible, not to constitute, per se, such an abuse of the privilege of argument as to require the reversal of the conviction.</p> <p>4. Same—Insanity—Charge op the Court properly omitted to instruct the jury upon the law of insanity, when there was a total absence on the trial of any evidence tending to raise that issue.</p> <p>5. Same—Negligent Homicide op the First Degree.—Trial courts are required by statute to charge the jury upon the whole law of the case, and it becomes imperative upon the court to instruct upon every phase of ease raised b