Black v. State
| Decision Date | 25 October 1899 |
| Citation | 53 S.W. 116 |
| Parties | BLACK v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Cooke county; D. E. Barrett, Judge.
Will Black was convicted of horse theft, and he appeals. Affirmed.
Robt. A. John, Asst. Atty. Gen., for the State.
Appellant was convicted of horse theft.
Appended to the motion for new trial is the affidavit of George H. Giddings, stating that he is a member of the firm of Culp & Giddings, counsel for appellant, that defendant did not testify in his own behalf, and that subsequent to the return of the verdict he talked with Holman, one of the jurors, who informed him that some of the jury discussed the defendant's failure to testify, while out deliberating upon their verdict. He further states that he prepared an affidavit showing the facts, and requested Mr. Holman to sign it, but he declined to do so until he could see his fellow jurors, and a request was made that the court inquire into the truth of the matter. None of the jurors file affidavits. There is what purports to be a statement of facts contained in the record, but an examination of it discloses that it is only the evidence of the jurors in regard to the subject-matter mentioned in the affidavit. This was filed subsequent to the adjournment of court, and has the agreement of counsel and approval of the district judge appended. The assistant attorney general moves to strike out this because it is not a statement of facts upon the trial, but only in regard to a matter of fact set up in avoidance of the verdict, involving the misconduct of the jury. We are of opinion that this motion should be sustained. Article 824, Code Cr. Proc., provides: So we must look to the Revised Statutes to determine what is the rule in civil cases. Article 1377, Rev. St., is as follows: Article 1378 makes provision for the judge preparing the statement of facts when the parties have failed to agree. Article 1379 provides for entering an order allowing time after the adjournment of court in which to file a statement of facts, not exceeding 10 days. Article 1379a is as follows: "Whenever a statement of facts shall have been filed after the times respectively prescribed in the preceding articles, 1377, 1378, and 1379 of this chapter, and the party tendering or filing the same shall...
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Knight v. State
...at which appellant was convicted adjourned on the 13th day of April, 1910. Since the decision of this court in the case of Black v. State, 41 Tex. Cr. R. 185 , it has been uniformly held that the provisions of our statutes, both civil and criminal, with regard to the preparation and filing ......
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Treadway v. State
...not being in the record, and not having been prepared and filed during term time, cannot be considered for any purpose. Black v. State, 41 Tex. Cr. R. 185, 53 S. W. 116. It is uniformly held by this court that, where there is not a statement of facts on an appeal, this court will indulge ev......
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Ingram v. State
...filed in the trial court until the 27th day of August, 1915, seven weeks after the adjournment of court for the term. In Black v. State, 41 Tex. Cr. R. 186, 53 S. W. 116, this court "It is evident to our minds that these statutes refer exclusively to the statement of facts adduced on the tr......
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Bloch v. State
...motion for new trial," filed on September 8, 1916, in the trial court — long after court had adjourned for the term. In Black v. State, 41 Tex. Cr. R. 185, 53 S. W. 116, this question was thoroughly discussed, and it was there "These matters must be made part of the record during the term o......