Booth v. State

<p>1. —Theft of Cattle—Jury and Jury law—Communication with Court.</p> <p>Where the jury sent a note by the deputy sheriff to the court that they could not agree upon a verdict, and the court through said officer informed the jury orally that as long as there was life there was hope, and that the court would last for four weeks longer, and this all occurred in the absence of the defendant and his counsel, the same was reversible error. Articles 733 and 736, etc., White’s Annotated Code Criminal Procedure.</p> <p>2. —Same—Evidence—Defendant’s Reputation.</p> <p>Where State witnesses had testified, on trial for theft of cattle, that they had lost confidence in defendant’s honesty after he was charged with stealing the alleged animal, it was reversible error not to permit defendant to show that the alleged animal probably belonged to defendant, and that the taking was open and public. Following Kemper v. State, 63 Texas Grim. Rep., 1.</p> <p>3. —Same—Rule Stated—Rebuttal.</p> <p>It is a fundamental rule that where a damaging fact or one thought to be so is introduced against defendant, he has a right to meet that with the best available testimony to meet the ill effects thereof.</p> <p>4. —Same—Misconduct of Jury—Practice on Appeal.</p> <p>Where a cause is reversed and remanded on other grounds, the misconduct of the jury need not be considered.</p>