Houston v. State

Citations

• 26 Tex. Ct. App. 657
• 14 S.W. 352
• 1883 Tex. Crim. App. LEXIS 107

Syllabus

<p>1. Murder—Manslaughter—Charge oe the Court.—See the statement of the case for proof in a murder case held not to demand of the trial court a charge upon the law of manslaughter.</p> <p>2. Same—Drunkenness—Mitigation oe Penalty.—Neither drunkenness nor temporary insanity produced by the recent voluntary use of ardent spirits will, under the laws of this State, constitute an excuse for crime, nor will intoxication mitigate either the degree or the penalty of the crime; hut evidence, of temporary insanity produced by such use of ardent spirits may be introduced by an accused in mitigation of the penalty attached to the offense for which he is on trial, and in cases of murder for the purpose of determining the degree of murder of which he is guilty. See the opinion for the distinction between this and Scott’s case, 12 Texas Court of Appeals, 31.</p> <p>3. Murder—Pact Case.—See the statement of the case for evidence held sufficient to support a conviction for murder of the second degree.</p>