McMillan v. State

Citations

• 7 Tex. Ct. App. 100

Syllabus

<p>1. Practice in the Court or Appeals. — The refusal of a continuance will not be revised on appeal, unless a proper bill of exceptions was reserved.</p> <p>2. Verdicts are to have a reasonable intendment and construction, and are not to be avoided unless from necessity originating in doubt of their import, immateriality of the issue, or manifest tendency to injustice.</p> <p>3. Same. — Misspelling does not vitiate a verdict, when no doubt can be entertained as to the words intended, or as to their meaning. Note in the opinion a strong illustration of this rule.</p> <p>4. Charge oe the Court. — Not error to omit instructions on degrees in the weight of evidence, whether direct or circumstantial, unless some part of the evidence be within the defined exceptions to the general rule, —as, for instance, the testimony of an accomplice.</p>