McFarlin v. State

Citations

• 41 Tex. 23

Syllabus

<p>1. Instructions, evidence.—It is error to instruct the jury that they must convict, if they find facts established which are recited in the charge, when other facts in evidence are not referred to in the instructions, which, if true, would mitigate the offense or excuse the act charged.</p> <p>2. Charge of court.—On the trial of B, charged with an aggravated assault oil C, there was evidence that C was attempting to strike B with a stoat walking-stick at the time B stabbed him with a pocketknife : Held, that it was error for the court to charge, “If you believe that B stabbed C without C striking him with the stick, you will find him guilty of au aggravated assault.”</p> <p>3. Declarations of witness, when admissible.—When a witness in iiis examination in chief testifies that he had no ill-feeling against the accused when he approached him just before the difficulty which occasioned the indictment, it is error to exclude his testimony on cross-examination regarding his declarations made just before the difficulty, showing a different state of feeling.</p>