Johnson v. State

Citations

• 43 Tex. 612

Syllabus

<p>1. Manslaughtbb^-Chabge of coubt.—On a trial for murder where the testimony is such that a jury might find a verdict for manslaughter, that offense should be distinctly defined in the charge; the refusal of such charge is ground for reversal.</p> <p>2. Same.—See instructions held to be correct as law, but, applied to the facts, erroneoues as a charge upon the weight of evidence.</p> <p>3. Same.—Manslaughter is voluntary homicide committed under the influence of sudden passion arising from adequate cause but neither justified nor excused by law. The articles in the code following on the subject are explanatory but not legislative restrictions; any other case within the definition would be manslaughter.</p>