Williams v. State

• Citation: 40 S.W. 801
• Parties: WILLIAMS v. STATE.
• Decision Date: 05 May 1897
• Court: Texas Court of Criminal Appeals

40 S.W. 801

WILLIAMS v. STATE.

Court of Criminal Appeals of Texas.

May 5, 1897.

On motion for rehearing. Granted and judgment reversed.

For opinion on appeal, see 38 S. W. 202.

DAVIDSON, J.

Appellant was convicted of assault with intent to rob, and given five years in the penitentiary, and prosecutes this appeal.

This case came before us at the last Tyler term, 1896, and was affirmed. 38 S. W. 202. It is now before us on motion for rehearing. The only question which requires to be considered is the charge of the court, which is as follows: "Where there are conflicts in the testimony of the witnesses, it is your duty to reconcile them, if you can; but, if you cannot, you must decide which of the testimony is entitled to the greater credibility and weight, and, in so determining, you may consider the intelligence, interest, apparent bias, or prejudice, if any, of witnesses, as well as their manner of testifying." The question is similar to the one decided in Harrell v. State (just decided) 40 S. W. 799, and, for the reasons there assigned, the motion for a rehearing is granted, and the judgment is reversed and the cause remanded.