Searcy v. State

Citations

• 1 Tex. Ct. App. 440

Syllabus

<p>1. Burglary—Charge of the Court.—In a trial for burglary, charged to have been committed by shooting a pistol into a house, with intent to murder, the court below, after defining the offense, further instructed the jury that the first question for their determination was, “Who did the shooting.” Held, that this instruction was erroneous in assuming that an important allegation of the indictment had been proved, and as being a charge on the weight of evidence.</p> <p>2. Charge of the Court.—Though the improbability of testimony may impair the credibility of the witness giving it, yet the jury should not be instructed to discard the testimony from their consideration.</p> <p>3. Same.—Misinstruction of the jury as to the term in the penitentiary assessable for the crime is held error in this case, notwithstanding the term actually assessed was within the legal limits—it being impossible to say that the accused was not prejudiced by the misinstruction.</p>