Williams v. State

Citations

• 4 Tex. Ct. App. 5

Syllabus

<p>1. Practice. —The proper time to except to the charge of the court is at the trial, and before the jury retire, so that the court may have an opportunity of correcting errors or supplying omissions in its charge.</p> <p>2. Evidence. — Surrounding circumstances constituting parts of the res gestœ are competent evidence. The relation which they bear to the principal fact furnishes the test of their admissibility.</p> <p>3. Same —Declarations as Verbal Acts. — See a state of case in which it was error to exclude proof of declarations made by the accused respecting • his purpose in removing property alleged to have been stolen.</p> <p>4. New Trial. —When joint defendants sever, if one be convicted and subsequently the other be acquitted, material testimony of the latter is cause for a new trial of the former.</p> <p>6. Theft—Charge of the Court.—In a trial for theft, the jury should be instructed to acquit, unless they find from the evidence that the property belonged to the alleged owner.</p>