Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 282
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282 RING v. THE STATE. [Term of
Opinion of the Court.
H. C. RING v. THE STATE.
1. VERDICT-ROBBERY. A verdict asfollows: "We, the jury, find the de"fendant,
H. C. Ring, guilty of agreeing to the commission of the
" offense, and is liable as a principal offender, and assess the punishment
"at seven years in the State penitentiary," found by the jury on a trial
for robbery, will not support a judgment.
2. PRINCIPAL OFFENDER. It is error to instruct the jury that the presence
of the accused at the time of the robbery, his failure to give the alarm,
his silence, his inaction, and the supposed concealment of the offense by
him, were sufficient to authorize a conviction; the Code requires advice
given, or an agreement entered into to commit the offense, coupled
with an actual presence at the commission of the offense.
APPEAL from the Criminal District Court of Harris county.
Tried below before Hon. Gustave Cook.
Crank & Webb, for appellant.
Frank 2. Spencer and J. G. Kittrell, for State.
DIVINE, J. The appellant, with Horace Bell and Win. E.
Jones, were jointly indicted, in the District Court of Harris
county, at the August term, 1874, charged with robbery from
the person of James Highlander. Under the Act of March 16,
1874, Bell obtained a severance, and the District Attorney having
dismissed as to Jones, the defendant, Ring, was put upon
his trial, which resulted in his conviction, his punishment being
assessed by the jury at seven years in the penitentiary. The
motion of defendant for a new trial being overruled, the
defendant appealed, and presents eight assignments of error as
grounds for a reversal of the judgment.
We will only notice a portion of the fourth and fifth assignments
of error, as they embrace all that is necessary for the
decision of the case.
The fourth assignment states: " Because the said verdict of
"' the jury does not find defendant guilty of any offense what"
ever, and is, in effect, no verdict to support a judgment of the
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/290/: accessed July 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .