Texas Code of Criminal Procedure - Article 36.14. Charge Of Court

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Art. 36.14. [658] [735-736] CHARGE OF COURT.  Subject to the 
provisions of Article 36.07 in each felony case and in each 
misdemeanor case tried in a court of record, the judge shall, before 
the argument begins, deliver to the jury, except in pleas of guilty, 
where a jury has been waived, a written charge distinctly setting 
forth the law applicable to the case;  not expressing any opinion as 
to the weight of the evidence, not summing up the testimony, 
discussing the facts or using any argument in his charge calculated 
to arouse the sympathy or excite the passions of the jury.  Before 
said charge is read to the jury, the defendant or his counsel shall 
have a reasonable time to examine the same and he shall present his 
objections thereto in writing, distinctly specifying each ground of 
objection.  Said objections may embody errors claimed to have been 
committed in the charge, as well as errors claimed to have been 
committed by omissions therefrom or in failing to charge upon 
issues arising from the facts, and in no event shall it be necessary 
for the defendant or his counsel to present special requested 
charges to preserve or maintain any error assigned to the charge, as 
herein provided.  The requirement that the objections to the 
court's charge be in writing will be complied with if the objections 
are dictated to the court reporter in the presence of the court and 
the state's counsel, before the reading of the court's charge to the 
jury.  Compliance with the provisions of this Article is all that is 
necessary to preserve, for review, the exceptions and objections 
presented to the charge and any amendment or modification thereof.  
In no event shall it be necessary for the defendant to except to the 
action of the court in over-ruling defendant's exceptions or 
objections to the charge.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1975, 
64th Leg., p. 617, ch. 253, Sec. 1, eff. Sept. 1, 1975.

Amended by Acts 1981, 67th Leg., p. 2244, ch. 537, Sec. 1, eff. June 
12, 1981.

Last modified: August 10, 2007