[DOWNLOAD] "City Austin v. Leroy Powell" by Supreme Court of Texas No. 10409 * eBook PDF Kindle ePub Free
eBook details
- Title: City Austin v. Leroy Powell
- Author : Supreme Court of Texas No. 10409
- Release Date : January 10, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
On Second Motion for Rehearing Appellant answers our opinion on rehearing by contending that "an explanatory instruction
on the burden of proof" and "framing the issue so as to properly place the burden of proof" are not the same thing. In the
first instance appellant concedes that in order for it to complain on appeal a correctly worded explanatory instruction must
have been submitted to and denied by the trial court. In the second instance, the issue involved being one relied on by appellee,
appellant asserts that a simple objection suffices. We believe appellant to be incorrect in its premise. An explanatory instruction on the burden of proof and framing an issue
so as to place the burden of proof serve the same purpose and are, in substance, equivalent, the difference being in form
only.
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