Wharton v. State

Citations

• 45 Tex. 2

Syllabus

<p>1. Criminal Practice. — In a trial for theft the jury returned into court and asked, “Can we judge a witness just by what he says on the stand, and not by what we know of him privately?” To this question the court did not reply, hut proceeded to give them instructions upon the rules governing juries in weighing testimony, &c.: Held, Error. The court was not authorized to do more than answer the question and inform them that they should decide the case upon the evidence adduced upon the trial.</p> <p>2. Same. — The question evidently intimated that one or more of the jurors had knowledge of facts touching the credibility of one or more of the witnesses, and which was not in evidence; the juror should have made known such facts, and being sworn as a witness should have given his testimony. (Paschal’s Dig., art 3079.)</p>