Templeton v. State

Citations

• 5 Tex. Ct. App. 398

Syllabus

<p>1. Murder — Charge of the Court. — Though in a trial for murder the court below unnecessarily charged the jury on the second degree, and the accused was convicted of that degree, the conviction will not be set aside on appeal because the evidence would sustain a conviction for the first degree.</p> <p>2. Principal Offenders. —All persons who act together in the commission of an offence are principals, and each may be separately tried and convicted.</p> <p>8. Evidence —Presumption of Innocence. — The court below instructed the jury that the accused is always presumed to be innocent until his guilt is established by competent evidence beyond a reasonable doubt, and the burden of proof rests always on the State, and does not shift; and, therefore, if the jury have a reasonable doubt of the guilt of the defendant, they should acquit him; and if the circumstances proved can be explained by any reasonable hypothesis other than the guilt of the defendant, he should be acquitted. Held, not only a correct, but a sufficient instruction on the points involved.</p> <p>4. Practice.—Exception that the record fails to show that the indictment was returned into open court by the grand jury comes too late when primarily made in a motion for new trial.</p> <p>6. Same. —In a trial for murder, the court below submitted the case to the jury in the evening, with instructions to the sheriff to furnish them no-supper, and no food was supplied them until next morning. It not being; shown that the jury desired food, or objected to the order of the court, and no prejudice to the accused being apparent, held, that no error is-perceptible.</p> <p>6. Same. — During recess of the court for dinner, the verdict was returned to the judge, who received it without a formal reopening of the court. Held, that under the provisions of the Code, the court, during the retirement of the jury, could properly proceed with other business, or adjourn from time-to time, and nevertheless be deemed open for all