Renfro v. State

Citations

• 9 Tex. Ct. App. 229

Syllabus

<p>1. Charge op the Court.—Being charged with the theft of an estray, the defendant applied for a continuance to procure the testimony of a witness by whom, as he alleged, he could prove that he, the defendant, purchased the animal from the witness. At the trial, the State introduced the application for continuance as evidence against the defendant, and with reference to it the court below instructed the jury that they were not bound to believe all its allegations, but might believe such of them as inculpated the defendant and reject the rest. Held, that, in view of the facts in proof, this instruction was tantamount to an expression of the court’s opinion upon the evidence, and was error to the prejudice of the defendant.</p> <p>2. Cattle-Theet — Evidence. — The State was allowed to prove by two witnesses that they, in the absence of the defendant, had caught the cow alleged to have been stolen, and closely examined the original brand upon her, and that she was recognized as an estray in the neighborhood where she ranged. Held, that the proof was admissible.</p>