Erwin v. State

Citations

• 10 Tex. Ct. App. 700

Syllabus

<p>1. Insanity—Delirium Tremens.— That delirium tremens is a species of insanity, and such as may render a party afflicted therewith incapable of the commission of crime, is no longer an open question.</p> <p>2. Charge of the Court.—The accused having set up as his defense that at the time of the alleged offense he was laboring under an attack of delirium tremens, and there being evidence before the jury tending to establish, this defense, it was the duty of the court to give in charge pointedly and directly, the principles of law applicable thereto.</p> <p>3. Same.-—■ See the opinion for a charge of the court held error, as being-negative,' and so general as to include every species of insanity.</p> <p>4. Same.— However slightly the evidence may tend to establish the defense interposed, it is the duty of the court to charge the law applicable to such defense.</p> <p>5. Same.— A charge of the court is error that makes the test of insanity depend upon whether the defendant knew right from wrong generally, instead of with respect to the act of which he is charged in the indictment.</p> <p>6. Same.—Delirium Tremens is usually the result of habitual use of intoxicants, but may also ensue from casual drunkenness.</p>