Task: Wrong Candidate Generation
Input (English): of the jury.’ Kirsch v. State, 357 S.W.3d 645, 651 (Tex.Crim.App.2012) (quoting Tex. Code Crim. Proo, art. 36.14). “We have generally held that, if a jury-charge instruction ‘is not derived from the [penal] code, it is not ‘applicable law” under art. 36.14.” Id. (quoting Walters v. State, 247 S.W.3d 204, 214 (Tex.Crim.App.2007)). “Texas Government Code § 311.011 provides that statutorily undefined words and phrases shall be ‘construed according to the rules of grammar and common usage.’ ” Id. at 650 (quoting Tex. Gov’t. Code Ann. § 311.011 (West, Westlaw through 2015 R.S.). Normally, in looking at jury charge error, the instructions must be construed as a whole and not by isolated extracts, excerpts, or paragraphs. See Smith v. State, 959 S.W.2d 1, 27 (Tex.App.—Waco 1997, pet. ref'd) (<HOLDING>); see also Joseph v. State, No. 13-11-00461-CR, 
 Holding statements: (A) holding appellate courts must consider the trial courts jury charge as a whole (B) holding that although portion of trial courts jury charge was inapplicable any error in providing it was harmless in light of the fact that charge considered as a whole was not likely to confuse or mislead the jury (C) holding that jury charge in juvenile case warranted fundamentalerror review and analyzing whether charge violated due process (D) holding that because trial court actually gave part of a jury charge that appellant claimed was improperly omitted and because remainder of courts charge adequately defined one of the legal terms at issue the courts jury charge taken as a whole was not misleading and did not constitute reversible error (E) holding that whether a jury charge comments on weight of evidence is determined by looking at the jury charge as a whole not isolated statements
Output (English): holding that because trial court actually gave part of a jury charge that appellant claimed was improperly omitted and because remainder of courts charge adequately defined one of the legal terms at issue the courts jury charge taken as a whole was not misleading and did not constitute reversible error