Walker v. State

Citations

• 7 Tex. Ct. App. 245

Syllabus

<p>1. Murder in the First Degree— Eeeect oe Revised Code on Pending Convictions.—In 1878, the appellant, having been convicted of murder in the first degree, appealed from the capital judgment against him, and his appeal was still pending in this court on July 24, 1879, when the Revised Penal Code took effect and changed the previous penalty for the offence from “death” to “death or confinement in the penitentiary for life.” It is insisted in his behalf that this change repealed the previous law, and thereby operates immunity to him from the penalty imposed by virtue of the law so repealed. But, held, on principle as well as authority, and conclusively in view of sect. 6 of the “Pinal Title” of the Revised Statutes, that the change so made in the penalty for murder in the first degree does not invalidate the conviction of the appellant, nor exempt .him from, the penalty adjudged against him, by any retrospective operation or otherwise-</p> <p>2. Construction of Statutes. — The legislative intention is the objective point of all rules and'principles for the construction and interpretation of statutes; and, avoiding irrational deductions arid absurd results, these rules- and principles must be applied in subordination to the legislative intention. Bee the opinion in full on this topic, with especial reference to the effect on previous laws of the adoption of the Revised Statutes and Codes.</p> <p>3. Repeal of Statutes by implication is not favored, and to operate such sc. repeal the repugnancy must he plain, unavoidable, and irreconcilable-</p> <p>4. New Trial. — Surprise is not cause for new trial in this State; but by express provision of the Code it may, though it arises after the commencement of the trial, entitle the party to a continuance or to. a postponement oí the trial.</p> <p>6. Confessions.—Nc inflexible rule controls the admission of a subsequent confession made after a previous one had been educed by improper influence. In such cases the inquiry is wheth