Any special requested charge which is granted shall be incorporated in the main charge and shall be treated as a part thereof, and the jury shall not be advised that it is a special requested charge of either party. The judge shall read to the jury only such special charges as he gives.
When the defendant has leveled objections to the charge or has requested instructions or both, and the court thereafter modifies his charge and rewrites the same and in so doing does not respond to objections or requested charges, or any of them, then the objections or requested charges shall not be deemed to have been waived by the party making or requesting the same, but shall be deemed to continue to have been urged by the party making or requesting the same unless the contrary is shown by the record; no exception by the defendant to the action of the court shall be necessary or required in order to preserve for review the error claimed in the charge.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1979, 36th Leg., p. 1109, ch. 525, Sec. 1, eff. Sept. 1, 1979.
Amended by Acts 1981, 67th Leg., p. 2245, ch. 537, Sec. 1, eff. June 12, 1981.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 36 - The Trial Before the Jury
Article 36.01. Order of Proceeding in Trial
Article 36.02. Testimony at Any Time
Article 36.03. Invocation of Rule
Article 36.05. Not to Hear Testimony
Article 36.06. Instructed by the Court
Article 36.07. Order of Argument
Article 36.08. Number of Arguments
Article 36.09. Severance on Separate Indictments
Article 36.11. Discharge Before Verdict
Article 36.12. Court May Commit
Article 36.13. Jury Is Judge of Facts
Article 36.14. Charge of Court
Article 36.15. Requested Special Charges
Article 36.17. Charge Certified by Judge
Article 36.18. Jury May Take Charge
Article 36.19. Review of Charge on Appeal
Article 36.21. To Provide Jury Room
Article 36.215. Recording of Jury Deliberations
Article 36.22. Conversing With Jury
Article 36.23. Violation of Preceding Article
Article 36.24. Officer Shall Attend Jury
Article 36.25. Written Evidence
Article 36.26. Foreman of Jury
Article 36.27. Jury May Communicate With Court
Article 36.28. Jury May Have Witness Re-Examined or Testimony Read
Article 36.29. If a Juror Dies or Becomes Disabled
Article 36.30. Discharging Jury in Misdemeanor
Article 36.31. Disagreement of Jury