78 Tex. Crim. 216
181 S.W 192
Court of Criminal Appeals of Texas
Decided December 1, 1915
Court of Criminal Appeals of Texas · decided 1915-12-01
Tried below before the Hon. 0. W. Robinson. Appeal from a conviction of theft of cattle; penalty, two years imprisonment in the penitentiary. The opinion states the case. On question of statement before jury and that statute is mandatory; Wilkins v. State, 15 Texas Crim. App., 420; House v. State. 75 Texas Crim. Rep., 338, 171 S. W. Rep., 206; Campbell v. State. 42 Texas, 591,
Cited by 1 later decisions — most recently November 1993
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1915-12-01
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¶1It is conceded that it was error not to permit appellant to make a statement of the nature of his case before the jury as provided by statute, but it is held the error is not of such importance as to require reversal. I can not concur. In the House case we held the court could not overrule the statute. The statute gives the right sought to be used and ought to be followed when demanded by the accused. I do not care to write at length.
¶2[Rehearing denied January 5, 1916. — Reporter.]