Rice v. State

Citations

• 3 Tex. Ct. App. 451

Syllabus

<p>1. Charge oh Weight or Evidence.—In a murder ease the court below instructed the jury to find the accused guilty if they believed from the evidence that the deceased was killed under the circumstances detailed by a designated witness. Held, a charge on the weight of evidence, necessitating a reversal of the conviction.</p> <p>2. Same. —It is not the province of the judge to say to the jury on what evidence they should convict. The jury are the exclusive judges of the facts proved and of the weight of testimony; and a charge to a jury is not perfectly unexceptionable if it Expresses or intimates any opinion on the weight of evidence or the credibility of statements made by the accused or the witnesses.</p>