Webb v. State

Citations

• 9 Tex. Ct. App. 490

Syllabus

<p>„ 1. Change oe Venue. — Only one change of the venue is allowable at the instance of a defendant.</p> <p>2. Same. — The Code of Procedure, art. 577, authorizes a district or county attorney to obtain a change of venue in a felony case on account of certain specified causes; and art. 579 provides for a change of the venue when an effort has once been unsuccessfully made in the county to obtain a jury in a felony case, and it seems likely that no jury can there be had. But in the proceedings authorized by these articles the requirements of the statute must be strictly complied with.</p> <p>3. Same. —If a district judge is satisfied that from any cause a fair and impartial trial of a felony case cannot be had in the county, he may and should, as empowered by art. 576, change the venue, of his own motion, to any county of his own or an adjoining district.</p> <p>4. Insanity—Evidence—Medical experts, if they have heard the whole of the evidence involved, or if the whole of the evidence has been hypothetically submitted to them, may he allowed to state their opinion thereon in respect of the insanity of the defendant at the time in question ; hut they cannot be allowed to predicate an opinion upon anything less than the entire evidence, whether actually or hypothetically presented.</p> <p>5. Same — Practice. — The proper inquiry of the expert is, in substance, whether, assuming the truth of the symptoms and indications in proof, the defendant was, in the witness’s opinion, insane.</p> <p>6. New Trial. — Surprise by unexpected testimony is not a ground for new trial, but, although it arises after the commencement of the trial, may entitle to a continuance of the cause or a postponement of the trial.</p> <p>7. Same.—In a trial for murder, an expert witness for the defence testified contrary to expectation, hut, instead of supplying the proof by other witnesses, or asking a continuance or postponement, the defendant, after conviction, assigned the surprise as cause for a