The Texas Criminal Reports: Cases Argued and Adjudged in the Court of Criminal Appeals of the State of Texas ..., Volume 36State of Texas, 1897 - Criminal law |
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Common terms and phrases
accomplice accused admissible affidavit aggravated assault alleged appellant Appellant was convicted arrest Article asked Assistant Attorney-General Attorney authority bailment bill of exceptions burglary charged the jury Code Crim committed common law confession conspiracy Constitution counsel County Judge criminal deceased declarations defendant defendant's District Court dying declarations error evidence fendant filed forgery grand jury ground guilty habeas corpus Harris County Held homicide horse impeach indictment instructed the jury Jack County jail judgment juror killed Mann Trice manslaughter McLennan County ment motion objection offense opinion overruled party Penal Code penitentiary perjury person pistol plea predicate Proc proof prosecutrix prove provisions punishment purpose question rehearing remanded reversed rule S. W. Rep Sam Isaacs second degree shooting shot shown statement of facts statute sufficient term testified testimony Texas theft tion to-wit told trial for murder verdict voir dire witness
Popular passages
Page 320 - That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof...
Page 349 - ... grammatical arrangement in which the framers of the instrument have placed them. If, thus regarded, the words embody a definite meaning which involves no absurdity...
Page 356 - ... to stand face to face with the jury in order that they may look at him and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief.
Page 350 - ... beyond their legitimate boundary. It is by yielding to such influences that constitutions are gradually undermined, and finally overthrown. My rule has ever been to follow the fundamental law as it is written, regardless of consequences. If the law does not work well, the people can amend it; and inconveniences can be borne long enough to await that process. But if the Legislature or the courts undertake to cure defects by forced and unnatural constructions, they inflict a wound upon the Constitution...
Page 356 - The primary object of the constitutional provision in question was to prevent depositions or ex parte affidavits, such as were sometimes admitted in civil cases, being used against the prisoner in lieu of a personal examination and cross-examination of the witness...
Page 349 - Where a law is plain and unambiguous, whether it be expressed in general or limited terms, the legislature should be intended to mean what they have plainly expressed, and consequently no room is. left for construction.
Page 251 - Ohio ; and all prosecutions shall be carried on in the name and by the authority of the state of Ohio ; and all indictments shall conclude against the peace and dignity of the same.
Page 242 - The confession shall not be used if, at the time it was made, the defendant was in jail or other place of confinement, nor while he is in the custody of an officer, unless made in the voluntary statement of the accused, taken before an examining court in accordance with law...
Page 192 - The public use implies a possession, occupation, and enjoyment of the land by the public at large, or by public agencies; and a due protection to the rights of private property will preclude the government from seizing it in the hands of the owner, and turning it over to another, on vague grounds of public benefit to spring from the more profitable use to which the latter may devote it.
Page 350 - It is not allowable to interpret what has no need of interpretation, and when the words have a definite and precise meaning, to go elsewhere in search of conjecture in order to restrict or extend the meaning.