Shultz v. State

Citations

• 5 Tex. Ct. App. 390

Syllabus

<p>1. Evidence—Leading Questions. — A witness may be asked a leading question, where an omission in his testimony is evidently caused by a want of recollection, which a suggestion may assist; and a witness may relate, in his own language, what may be necessary by way of introduction to render his narrative intelligible, provided he be properly restricted when he reaches the material parts of his testimony.</p> <p>2. Same. ■— When, on the trial of a criminal case, evidence is excluded which might have been properly admitted without prejudice to either side, but which, if admitted, would prove a fact so remotely connected with the case as to entitle it to no appreciable weight in favor of the defendant, it furnishes no ground for the granting of a new trial, nor for a reversal of a judgment of conviction.</p> <p>8. New Triad—Newly Discovered Evidence. — The rules regulating the granting of new trials on account of newly discovered evidence are the same in criminal as in civil cases.</p> <p>4. Same.—A new trial will not be granted to enable -the party to adduce newly discovered evidence which, by due diligence, could have been discovered before the trial; nor if the hewly discovered evidence is cumulative only; nor unless it would be likely to change the result.</p> <p>6. Same.—Motions for new trials because of newly discovered evidence being addressed to the sound discretion of the court below, this court will not reverse unless it appears that the court below has not exercised its discretion according to the established rules of law.</p> <p>6. Charge oe the Court. — A charge on any apparent issue is appropriate only where some evidence has been adduced in support of such issue.</p> <p>7. Same. — In a prosecution for theft, the court'charged the jury that it was immaterial whether or not the party injured had been paid for the property stolen, for the reason that, if guilty in the first instance, subsequent payment was no atonement for the offence. Held, correct; and