Shearman v. State

Citations

• 1 Tex. Ct. App. 215

Syllabus

<p>1. Judgment.—Sunday not being a judicial day, judgments cannot be entered of record on that day. If entered of record on Sunday, they are not merely erroneous, but absolutely void.</p> <p>2. Criminal Procedure.—Article 685 of the Code of Criminal Procedure (Pase. Dig., Art. 3150) contains the only positive provisions of our legislation relative to judicial proceedings on Sunday in criminal causes.</p> <p>3. Same—Verdict.—It seems, however, that a verdict of a jury may be received and entered of record on Sunday.</p> <p>4. Murder—Evidence.—To prove malice in a trial for murder, the district attorney was allowed to introduce a justice's record of the trial and acquittal of accused for maliciously killing deceased’s dog, and then to prove that the accused, though thus acquitted, did maliciously kill the dog. This is held to be error.</p>