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eBook details

• Title: Hicks v. Matthews
• Author : Supreme Court of Texas
• Release Date : January 07, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

Pending disposition of his motion for rehearing, appellant has been granted leave to amend the record and supplement the transcript so as to bring before this court the written objections which he made to the original draft of the trial courts charge to the jury. The motion having been accompanied by a certified copy of the objections, showing them to have been presented to and acted upon by the trial judge and duly filed, the certified copy was ordered filed, in lieu of ordering up a supplemental transcript. Rule 428, T.R.C.P.; Alexander v. Fullwood, Tex.Civ.App., 143 S.W.2d 646. The record as amended reflects that appellant made the following objections to the original draft of the issue submitting the question of damages, which issue was apparently special issue No. 1: "Defendant objects to Special Issue No. 1 because the court inquires therein of the amount of damages which the plaintiff has sustained as a direct result of the arrest and detention of the plaintiff without first having been carried before a magistrate, in that such inquiry permits the jury to assess damages in favor of the plaintiff for the arrest, itself, which, under the undisputed evidence in this case, was lawful though the arrest was made without authority of a warrant. The only actual damages which the plaintiff could possibly have suffered, if any, was damages which resulted from the failure of the defendant to present the plaintiff before a magistrate before the plaintiff was placed in jail. Consequently, in order to properly submit the issues involved, the court should delete from such issue the question of such damages as plaintiff may have suffered as a result of the arrest, but should confine the inquiry alone to the amount of damages which the plaintiff has sustained and will sustain as a result of the failure of the defendant to present the plaintiff before a magistrate after the arrest but before the plaintiff was incarcerated." The objections bear the certificate of the trial judge, showing them to have been timely presented, and to have been overruled and refused, "except insofar as it may appear that the charge has been modified in conformity therewith." The damage issue, as finally submitted, did not use the word "arrest", but only inquired as to the damages sustained by the plaintiff "as a direct result of the detention and incarceration * * * without having been carried immediately before a magistrate having jurisdiction of either of the offenses with which he is charged." This issue, special issue No. 3, is set out in full in our original opinion.

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