Elliston v. State

Citations

• 10 Tex. Ct. App. 361

Syllabus

<p>1. Charge of the Court.—It is made the imperative duty of the court in felony cases, to charge the law and all of the law applicable to every conclusion which may be legitimately deduced from the evidence,</p> <p>2. Same.—Though it was the duty of the accused to ask an appropriate instruction, his failure to do so will not preclude a reversal by this court when it appears that the omitted instruction was law applicable to some of the facts in proof, and that its omission was prejudicial to the rights of the accused.</p> <p>3. Same—Negligent Homicide.—See the opinion and the facts for a state of proof which in a trial for murder makes the law of negligent homicide a part of the law applicable to the case.</p> <p>4. Murder in the Second Degree.—A conviction for murder in the second degree will not be set aside because the proof tended to show that the killing was upon express malice aforethought.</p>