Myers v. State

Citations

• 33 Tex. 525

Syllabus

<p>1. When the evidence on a trial for murder was such that the only legal conclusion must be either justifiable homicide or murder in the fiist or second degree, it was not error for the judge below to omit any instruction to the jury on the law of manslaughter.</p> <p>2. An alleged want of jurisdiction in the district court, of a criminal cause, is not otherwise available to a defendant than by special plea, un.’er oath, at the time of the trial; and it seems that the plea of “not guilty” docs not, under our laws, put in issue the question whether the offense was committed in the county where the indictment was found. Articles 2944, 2951 and 3137, Paschal’s Digest, cited by the “ court. (Since overruled; see Reporter’s note below).</p> <p>3. Therefore, although the transcript of a conviction in a criminal cause contains no evidence whatever of the locality or county where the offense was committed, yet this court cannot disturb the conviction on the ground of a want of jurisdiction in the district court, or because of a failure to prove the venue, unless the defendant had put those facts in issue in the district court, by a special plea under oath. (Since overruled; see Reporter’s note below.;</p> <p>4. The above rulings, on the questions of jurisdiction and venue, are admitted to be in conflict with former decisions of this court, which appear to have been founded bn misconception of the provisions of the Criminal Code.</p> <p>5. The-provisions of the Criminal Code of this State are not to be construed strictly, as is commonly but mistakenly argued—they are to be construed “ in accordance with the plain import ” of their language, and without reference to any distinction between penal and other laws, as is expressly enjoined by Article 1611, Paschal’s Digest. In doubtful cases, however, precedent and lormer adjudications should have great weight with all courts.</p> <p>6. Though the Criminal Code (Paschal's Digest, Article 2270,) is explicit that a party accused