Sparks v. State

Citations

• 23 Tex. Ct. App. 447
• 5 S.W. 135
• 1887 Tex. Crim. App. LEXIS 104

Syllabus

<p>1. Misdemeanors—Charge of the Court.—Trial courts are not required to charge the jury in misdemeanor cases, except when requested to do so by one or both sides of the cause; and even then they can be required only to give, with or without modification, or to refuse such charges as are requested in writing. The refusal of a special charge does not impose upon the court the duty of giving an independent charge.</p> <p>2. Same.—Special charges which respond to no issue raised by the evidence are correctly refused.</p> <p>3. Same—“Willful.”—Refusal of the trial court in a misdemeanar ease to instruct the jury as to the legal meaning of the word “willful,” when that word is used to characterize the offense, and a correct instruction is requested in writing, is error.</p>