Texas Criminal Practice Reporter

The third edition of Texas Criminal Procedureincludes updated law and statutory citations, along with cases and notes that track new legal developments related to criminal procedure in Texas. While the book was originally written to help students on the Texas Bar Exam, it now focuses on fundamental legal concepts for students who are interested in Texas Criminal Procedure, and for those who ultimately want to practice criminal law in Texas. The book has practice questions at the end of each chapter designed to help students apply the law to fact patterns. Students and lawyers use this book as a desk reference to assist them in practice because of its exhaustive coverage of topics ranging from arrest to post-conviction relief. New to the Third Edition: Updated law and statutory citations. Legal notes that track new developments in caselaw. Edited practice questions. Professors and students will benefit from: An easy start-to-finish chronological organization. Clear, plain English writing. Practical nature of the substance of the book.

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: ...on the former appeal, and the judgment is afiirmed. Aflirmed. Rehearing denied, Ma.rch 26, 1913.--Reporter.. BUD SIMPSON v. STATE. No. 1976. Decided February 26, 1913. Rehearing denied March 26, 1913. 1.--Murder--Statement of I'acts--I'i1ing--Signature of Judge. Where the statement of facts was either dated back, or when filed did not bear the judge 's signature, the same could not be considered on appeal. 2.--Same--Approva.1 by Judge--Statement 01' Facts. The law provides that the statement of facts must be signed and approved by the trial judge, and he is not required to approve a statement of facts, if he does not deem the ame correct. Art. 824, Code Criminal Procedure Upon trial of murder, there was no error in admitting testimony that the defendant had served a term in the penitentiary; it not appearing that it was too remote. 4.--Same--Evidence--Bi11 of Exceptions. Where the court refused to approve a part of the bill of exceptions and defendant accepts the same and does not resort to a bill by bystanders, the bill of exceptions, as presented in the record, will be considered on appeal. Following Blain v. State, 34 Texas Crim. Rep., 448. The acts, remarks and conduct of the deceased right after the shooting were admissible as res gestae. 6.--Same--Objections--Practice on Appeal. Where the record showed that no exceptions to the testimony were reserved, there is nothing to review on appeal. 7.--Same--Charge of Court--Statement of Facts--Presumption. In the absence of a statement of facts, if the charge of the court is applicable to any state of facts which can be proved under the indictment, the presumption is that the court charged the law and all the law applicable to the case. Following Wright v. State, 37...

Texas Criminal Procedure and Evidence

Texas Rules of Evidence Manual - Ninth Edition provides an updated comprehensive reference to Texas evidence for both civil and criminal cases. The book provides a rule-by-rule analysis of each Rule of Evidence. This sturdy hard-cover text is designed for heavy use in the courtroom. This text helps those who are bound to use the Texas Rules of Evidence, whether it is the bench or the bar or those studying evidence. While the text contains some academic discussions, the book is designed to explain what a particular Rule requires or prohibits, to indicate what the appellate courts have said about the Rules, and to offer some practical pointers on using the Rules. The book itself has been designed to make it as useful as possible to the harried judge, counsel, and student who must quickly find the "law." Following each Rule is an editorial commentary on the Rule explaining how the Rule works, what the Texas courts have said about the Rule, and how it compares with the Federal Rule, because Texas courts often review federal precedent where they find it helpful in applying a Texas Rule. When appropriate, practical pointers are also provided on how to use the Rule. Where the Rules apply in the same fashion for both civil and criminal cases, those points are discussed together. On the other hand, where they diverge, the authors have used separate headings for "Civil" and "Criminal" when that seems appropriate. One of the objectives of the Editorial Analysis in this text is to deal with the interrelationships of the various Rules. The authors have noted those areas where the Rules differ from pre-Rules case law or statutory provisions. Some of the Rules changed the prior Texas evidence law and, althoughmany of the Texas Rules agree with the Federal Rules, a number differ significantly.

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: the form adopted from Archibald); 2 Bish. Crim. Proc., 794b, 795; Bradstreet Co. v. Gill, 72 Texas, 118. And I also note the authorities hold, where the libel consist of a picture or effigy, care should be taken to show by proper innuendoes and averments the libelous nature of the transaction, and its especial reference to the plaintiff. 13 Am. and Eng. Enc. of Law, p. 394; Odgers, Sland. and Libel, 130. I take it from these authorities that a fair construction of this statute would require a description of the picture or effigy and its meaning, and its especial reference to the prosecutor should have been shown. The indictment being defective in this respect, as well as on the proposition previously discussed, I believe it should have been quashed by the court below; and that we should here reverse the case because the indictment fails to charge any offense. Note.?Appellant's motion for a rehearing was overruled without a written opinion.?Reporter.] J. P. Kelley v. The State. No. 2133. Decided May 1, 1901. 1.?Assault with Intent to Murder?Former Jeopardy?Practice. On a trial for assault with intent to murder, defendant pleaded former jeopardy, alleging that he had been previously tried and acquitted for the killing of another party which occurred at the same time and place as the assault for which he was now being prosecuted in this case. On motion of the State said plea was stricken out. Held, no error. 2.?Same?Charge of Court. On a trial for assault with intent to murder, it became a question arising upon the evidence whether or not a certain valentine, introduced in evidence, which occasioned the difficulty, had been written by defendant; and the court charged the jury that the valentine could not be considered by them, unless you find beyond a reasonable ...