Dones v. State

Citations

• 8 Tex. Ct. App. 112

Syllabus

<p>1. Murder—Charge of the Court. — In a trial for murder, the evidence tended to show that the mortal blow was struck under the influence of sudden passion, and that the weapon and the manner of its use were not calculated to produce death. Held, that this issue should have been submitted to the jury, with the instruction that, in case they so found the facts, the defendant was not amenable for the homicide unless he intended to kill. Rev. Penal Code, art. 614.</p> <p>2. Same. — On the other hand, the evidence was such that the jury might have deduced from it the conclusion that the injury was “inflicted in a cruel manner,” or that the circumstances showed ‘“an evil or cruel disposition,” or an intention to kill. Held, that the jury should have been instructed that, in case they so found the facts, the defendant was guilty of some grade of felonious homicide, according to the facts. Rev. .Penal Oode, arts. 612, 613, 615.</p>