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The Texas Criminal Reports; Cases Argued and Adjudged in the Court of Criminal Appeals of the State of Texas Volume 68

The Texas Criminal Reports; Cases Argued and Adjudged in the Court of Criminal Appeals of the State of Texas Volume 68


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...beyond a reasonable doubt, that defendant did an unlawful act and tells them if they have a reasonable doubt he would not be guilty. The court in his charge had properly defined who are principals in the commission of an offense. and the charge taken as a whole is not subject to the criticism leveled at it in this bill of exception. The fact that the court charged the jury on assault to murder would not be injurious to appellant. It was only in the event that the jury should find, or have a reasonable doubt of the fact, that he acted with Wisnoski in killing the deceased, were they authorized to con-' sider whether or not he was guilty of an assault to murder, or aggravated assault in acting with Zeilinski. It seems the jury found that he had acted with Visnoski in a way to make him a principal in taking the life of deceased and the fact that the court charged on these lesser degrees would not be injurious to defendant. There is no complaint that the charges on assault _to murder or aggravated, assault, do not properly submit these issues, but the complaint is that these issues were not in the case. If deceased was not acting with Wisnoski, as contended by him, he certainly was acting with Zeilinski as testified to by him, and his conduct as testified to by him, if Zeilinski did what appellant says, would render appellant guilty of either assault to murder or aggravated assault. Consequently the court did not err in submitting these issues to the jury. Under appellant s confession the jury would be authorized to find that he was acting with Wisnoski; under his testimony on this trial, he would deny that he and Wisnoski were acting together, but he admits acting with Zeilinski and the court acted properly in submitting all these...



Product Details
  • ISBN-13: 9781234262990
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 364
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 1234262991
  • Publisher Date: 16 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 649 gr


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