The Encyclopedic Digest of Texas Reports (Criminal Cases): Being a Complete Encyclopedia and Digest of All the Texas Case Law (Criminal) Up to and Including Volume 60 Texas Criminal Reports and 140 Southwestern Reporter, Volume 4Thomas Johnson Michie Michie Company, 1913 - Criminal law |
Common terms and phrases
9 Tex accomplice accused acquit adequate cause aggravated assault alibi alleged assault and battery assault with intent burglary charge on manslaughter circumstantial Code Cr committed constitute conviction court charged crime criminal cused deadly weapon decedent defendant defendant's defining dence dictment erroneous error to refuse evidence showed facts fendant fense grand jury guilty of murder Held incest indictment indictment charging insanity instruct the jury intent to kill intent to murder intoxicating liquors issue jury believed killed deceased larceny license liquor local option law malice aforethought ment negligent homicide offense option election option law party passion person pistol precinct Proc prohibition proof properly refused prosecution for murder prosecutor providing provocation punishment reasonable doubt refuse to charge reversible error sault second degree self-defense shot statute struction sufficient testified testimony theft tion trial for murder unlawful verdict whisky wife witness words
Popular passages
Page 478 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 508 - Another rule is, that the circumstances taken together should be of a conclusive nature and tendency, leading on the whole to a satisfactory conclusion, and producing in effect a reasonable and moral certainty, that the accused, and no one else, committed the offense charged.
Page 440 - A conviction can not be had on the testimony of an accomplice, unless he is corroborated by other evidence which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.
Page 511 - The defendant is presumed to be innocent until his guilt is established by such evidence as will exclude every reasonable doubt...
Page 643 - All occupation taxes shall be equal and uniform Upon the same class of subjects within the limits of the authority levying the tax; but the Legislature may, by general laws, exempt from taxation public property used for public purposes; actual places of religious worship...
Page 466 - all persons are principals who are guilty of acting together in the commission of an offense.
Page 120 - ... defendant's knowledge of the character and disposition of the deceased, caused him to have a reasonable expectation or fear of death or serious bodily injury, and that, acting under such reasonable expectation or fear, defendant killed deceased, then you should acquit.
Page 192 - Manslaughter is voluntary homicide, committed under the immediate influence of sudden passion, arising from an adequate cause, but neither justified nor excused by law. By the expression "under the immediate influence of sudden passion...
Page 525 - Then, what is reasonable doubt ? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt ; because everything relating to human affairs and depending on moral evidence is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the...
Page 18 - Code, art. 717, providing that the instrument or means by which a homicide is committed are to he taken into consideration in judging of the intent of the party offending, and that, if the instrument be one not likely to produce death. it is not to be presumed that death was designed, unless from the manner in which it was used such intention evidently appears.