Robinson v. State

Citations

• 5 Tex. Ct. App. 519

Syllabus

<p>1. Charge oí the Court.—In the trial of a felony case, it is the duty of the court to give in charge to the jury the law applicable to the case, whether asked or not.</p> <p>2. Same — Evidence — Case Stated. — Indictment for theft of a beef alleged the property in one M., and it was testified that it bore the brand of M. The hide, being produced in court, and identified by the defendant’s witnesses, was found to be in the brand of one P., and not in that of M. The question then properly before the jury was whether the property was in M., as charged in the indictment; and the evidence presenting a direct ■conflict, it is held that the court should, as part of the law applicable to ■ the facts, have charged that unless the jury were satisfied beyond a reasonable doubt that the property was in M., as charged in the indictment, they should acquit.</p> <p>3. Evidence.—The allegations of an indictment must be sustained by the proof, or a conviction will not stand.</p>