Manning v. State
| Decision Date | 03 April 1912 |
| Parties | MANNING v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Criminal District Court, Harris County; C. W. Robinson, Judge.
Fred Manning was convicted of carrying on and about his person a pistol, and he appeals. Reversed and remanded.
J. Vance Lewis, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
Appellant was convicted of carrying on and about his person a pistol; his punishment being assessed at a fine of $200 and 12 months' imprisonment in the county jail.
A bill of exceptions recites that defendant entered a plea of not guilty to the charge of unlawfully carrying a pistol, as set out in the indictment. The evidence adduced, stated in the bill, was: That the defendant was found, on the night of the 31st day of December, 1910, about 11:15 o'clock, on the gallery of Williams' store, in the Third ward of the city of Houston, Harris county, with a pistol in his hand and a box of cartridges in front of him on the gallery, by Mounted Police Officers McDonald and Cain. The testimony of the defendant was that he did have the pistol in his hand, and that he had just borrowed it for the purpose of firing it off at 12 o'clock at night on the 31st day of December, 1910, so as to give an expression of his joy of the passing of the old year and the coming of the new year, and that he had just bought the cartridges inside the store, and did not have his pistol loaded or concealed upon or about his person, and had never concealed or attempted to conceal it. Whereupon the court, after hearing the above evidence, was of the opinion that defendant was guilty as charged in the indictment, and the court thereupon, over the objection of the defendant, charged the jury to find the defendant guilty as charged in the indictment, and assess his punishment as required by law; and the jury, in accordance and compliance with the instructions of the court, did find defendant guilty, and assessed his punishment at a fine of $200 and confinement in the county jail for a period of one year. This bill of exceptions is signed by the judge, without qualification or modification.
The judgment of the court recites that appellant pleaded not guilty to the charge contained in the indictment, and further, that F. F. Fleming and five others were impaneled and sworn, etc. In other words, the judgment recites the case was tried by a properly impaneled jury under the plea of not guilty. Under this state of case the judge...
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Clark v. State
...Criminal Evidence, 5th Ed. 1384, § 553. Otherwise, the court could direct a verdict in criminal cases. See Manning v. State, 66 Tex.Cr.R. 180, 145 S.W. 938 (1912). In a prosecution for rape of a child, the child's age is a question of fact. Young v. State, 144 Ark. 71, 221 S.W. 478; Hedrick......
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Perkins v. State
...find an accused guilty when he has pleaded not guilty. Castoria v. State, 119 Tex.Cr.R. 193, 47 S.W.2d 325 (1932); Manning v. State, 66 Tex.Cr.R. 180, 145 S.W. 938 (1912). More recently, in Mullaney v. Wilbur, --- U.S. ---, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975), the Supreme Court hald uncons......