211 S.W. 223 | Tex. Crim. App. | 1919
In this case appellant was charged in the district court of Bexar county with. receiving and concealing stolen property of the value of more than $50, and his punishment fixed at three years’ confinement in the penitentiary.
Enough of the facts will appear in this opinion without undertaking to state generally what same were. The court on the trial prepared his charge and submitted the same to the appellant’s counsel for their inspection and objections, if they desired to make any. Thereupon counsel for the appellant prepared certain objections in writing to that portion of the court’s charge limiting the effect and purpose of the admission of evidence of the appellant’s having received other property theretofore acquired by theft, at a time and place different from that charged in the indictment in the instant case, and,- when these written objections were presented to the court, he eliminated from his charge those portions of the same at which such objections were directed, and without further submitting said charge to counsel for the appellant, and apparently without any notification to said counsel that any change or correction had been made in the charge, the court then proceeded to read said charge to the jury. Said charge contained nothing anywhere limiting the effect or purpose of the admission of the evidence of the extraneous offenses. It seems that one Wilmont, alias Williams, had stolen certain auto casings, rims, tubes, etc., from a party named Hays, and that appellant had received, or, as he claimed, had bought, the same from said Williams, and this was the offense charged in the indictment, and for which appellant was convicted. On the .trial said Williams swore to stealing some other casings, rims, etc., about two weeks after the theft of the property of Mr. Hays, and claims that he- also let appellant have these latter articles under a proposition made to him by the appellant to the effect that he could use and wanted' all such property which the witness could get and bring to him. It is made to appear by the record that appellant’s counsel had no knowledge of the change in the charge made by the court before reading same to the jury, and consequently no opportunity to take any exception to the court’s failure to limit such evidence or to present a special charge setting forth the law applicable to such issue. This action of the court in failing to submit such charge so corrected to the appellant was set up in his motion for new trial, and to the court’s action in overruling this ground of said motion a bill of exceptions was reserved, stating fully the facts, which bill was ■ ap
For the error indicated, the judgment of the trial court is reversed, and the cause remanded for a new trial.
©s»For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes