Nettles v. State

Citations

• 4 Tex. Ct. App. 337

Syllabus

<p>1. New Trial. — The fact that in. a trial for felony the charge of the court was delivered to the jury without being filed, is not cause for a new trial.</p> <p>2. Amendment—Filing Papers Nunc Pro Tunc.—A District Court has authority, at a term subsequent to the trial of a felony case, but before sentence passed or appeal taken, to cause its clerk to put his file-mark, nunc pro tune, upon the charge given to the jury at the trial; and it is immaterial that such order is made by the successor in office of the judge before whom the trial was had.</p> <p>3. Case Stated.—A defendant found guilty of theft escaped before sentence, but was afterwards arrested; and on being brought for sentence before the court at a subsequent term, held by a different judge, he claimed and was allowed to move for a new trial, on the ground that the charge of the court was delivered to the jury without being previously filed, as required by the Code. On the hearing of the motion the court caused its clerk to indorse the charge filed as of the date of the trial, and then overruled the motion. Held, that, as the charge was sufficiently identified as the one given to the jury, the action of the court was within the scope of its authority, and the new trial was properly refused.</p>