Green v. State

Citations

• 12 Tex. Ct. App. 445

Syllabus

<p>1. Murder — Self-Defense— Charge of the Court.— If the slayer provoked the contest with the deceased with the apparent intention of killing him or doing him some serious bodily injury, he is guilty of murder, although he may have done the act of killing suddenly, without deliberation, and in order to save his own life. The law allows no justification in such a case, and no reduction of the grac e of the homicide below that of murder. But if the slayer provoked the contest without any intention to kill or inflict serious bodily injury, and suddenly, without deliberation, did the act of killing, while the act would not be justifiable homicide, still it might be a lower grade of homicide than murder. Seethe opinion for the subject discussed, and for a charge on the subject held correct so far as it goes, but insufficient in not presenting the distinctions indicated.</p> <p>•3. Same — Manslaughter.— See the opinion in extenso for a state of facts in a murder trial which demanded a charge upon manslaughter.</p>