The Texas Criminal Reports Volume 52

The Texas Criminal Reports Volume 52

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...charge upon the subject of alibi. The court's charge on this subject is found in the fourth paragraph thereof, which is as follows: "In this case the defendant has interposed the defense of what in legal phraseology is termed an alibi; that is, that if an offense was committed at the time and place alleged, that the defendant was at said time at another and different place from that at which said offense was committed and therefore was not and could not have been the person who committed said offense. Now, if you have a reasonable doubt as to the presence of the defendant at the place and at the time where said offense is alleged to have been committed you will return a verdict of not guilty." We think this charge clearly presents the defense of alibi, and is not subject to objection. Finding no error in the record, the judgment is affirmed. A/firmed. D. OwENs v. THE STATE. No. 4211. Decided January 22, 1908. Where upon trial of a violation of the local option law the defense interposed an objection that the trial judge was disqualified because he had stated to the sheriff that defendant was guilty, and all that was developed on the contest of this issue was that a hypothetical case had been put to the judge. which he said would be a violation of the law, the judge was not disqualified to try the 2.--Same--Charge of Court--Principals. Where upon trial of a violation of the local option law. the court in his charge made a proper presentation of all the facts relied upon by the State.for a conviction, and properly defined the law of principals, there was no error in refusing special charges on the same subject. Appeal from the County Court of Grayson. Tried below before the Hon. J. W. Hassell. Appeal from a conviction of a...show more

Product details

  • Paperback | 368 pages
  • 189 x 246 x 19mm | 658g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236816978
  • 9781236816979