Sherwood v. State

Citations

• 42 Tex. 498

Syllabus

<p>1. Swindling—Instructions. In a trial for passing a forged or worthless check for good, and there is no evidence tending to show that the defendant obtained the check from some other party, it is not error to instruct the jury “that if the defendant got the check from, another, it “devolved on him to show it,” the court having instructed the jury that knowledge of the worthlessness of the draft was a material element of the offense.</p> <p>2. Discretion of court—Witness under the rule. The admissibility of witnesses who have violated the rule or who have not been placed under the rule, is within the sound discretion of the court; such discretion will he presumed to have been correctly exercised until the contrary appeal's.</p>