S. W. Ogle v. State

Citations

• 16 Tex. Ct. App. 361
• 1884 Tex. Crim. App. LEXIS 119

Syllabus

<p>1. Jury Law—Hew Trial.—The mere separation oí a jury pending verdict is not causé for new trial. In addition to the separation in contravention of law, it must be further made to appear that by reason of such separation probable injustice to the accused has been occasioned. See the opinion in extenso for facts of the separation of a jury held not to have prejudiced the rights of the defendant, and therefore insufficient cause for new trial.</p> <p>B. Principals in Crime—Manslaughter—Charge of the Court.—Accomplice under our Code is the same as an accessory before the fact, at common law. As at common law there could be no accessories before the fact to manslaughter, so under our Code there can be no accomplice to manslaughter. But at common law there might be a principal in the second degree to manslaughter, and under our Code the offense of manslaughter admits of principals. Hence the court erred in charging th e jury that “the law of principals does not apply to cases of manslaughter,” but the error being in favor of the accused, it is not revisable by this court.</p>