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The Texas Criminal Reports; Cases Argued and Adjudged in the Court of Criminal Appeals of the State of Texas Volume 54

The Texas Criminal Reports; Cases Argued and Adjudged in the Court of Criminal Appeals of the State of Texas Volume 54


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...etc. We are of opinion that the charge is favorable to appellant. In fact we very seriously doubt if the evidence suggesting the theory of murder in the second degree is in the case. If appellant did the killing, it was upon former grudges, and for revenge on account of being supplanted in the affections of the negress, Ida McGrew. lie went to the place where they were together at night, and shot deceased in the back. If he did the killing; and it was done on this account, murder in the second degree would be excluded. If he found deceased with the woman, not expecting to meet him at that point, and he killed him because of that fact, with the former grudges out of his mind as well as his antecedent malice towards him, then it would have been upon a sudden impulse. Whether or not this peculiar expression, sudden transport of passion would be technically correct or incorrect we do not deem it necessary to discuss, but under this record, we do not believe this could have possibly injured appellant, even if it was error. The court charged fully upon murder in the first degree, murder in the second degree, and then gave the reasonable doubt between the two degrees. There was no adequate cause in the record. Therefore, the question of manslaughter could not have been considered by the jury, from any standpoint, and if there was any passion at all, it was from an in: ul1'qu:1lc cause; and if it was upon a sudden meeting, in view of all this record, to have charged the jury that it was upon a sudden transport of passion, would not be of sufiicient moment, if wrong, to require a reversal. This is recognized by appellant s next exception to the charge, in which he contends that the court erred in not charging the jury that, if...


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Product Details
  • ISBN-13: 9781234174095
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 362
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 123417409X
  • Publisher Date: 15 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 644 gr


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The Texas Criminal Reports; Cases Argued and Adjudged in the Court of Criminal Appeals of the State of Texas Volume 54
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