Ferrell v. State

Citations

• 43 Tex. 503

Syllabus

<p>1. Murder.—Express malice can only exist where there is a deliberate intention to take the life or to inflict some serious injury upon the deceased.</p> <p>2. Same—Charge op court.—On a trial for murder it is error to instruct the jury that if they believe the accused, with a sedate mind and formal design, was attempting to kill A or B, and without malice towards the deceased, and without intention or design killed her, such malice is carried over to the person killed, and the jury should find the accused guilty of murder in the first degree.</p> <p>3. Drunkenness neither aggravates nor excuses an act done by a party while under its influence; still it is a.fact which may affect both physical ability and mental condition, and may be essential in determining the nature and character of the acts of the accused as well as the purpose and intent with which they are done.</p> <p>4. Killing one person in attempting to kill another.—Where the accused, under circumstances making the killing manslaughter, if effected, in attempting to kill one by accident killed another, against whom accused had no malice, such killing would not be more penal than that intended; and it was error to instruct the jury that “ though the killing of the deceased was altogether unintentional, and defendant would have been guilty merely of manslaughter had he killed the party he was attempting to kill, yet he was nevertheless guilty of murder.”</p>