Lindsay v. State

Citations

• 36 Tex. 337

Syllabus

<p>1. If, on the trial of a case of homicide, facts appear which are common alike to murder in the first and second degrees and to manslaughter, the court should instruct the jury as to the different degrees of murder, and also as to manslaughter.</p> <p>2. On the trial of a case of homicide the defendant asked instructions defining manslaughter and murder in the second degree, and defining the punishment affixed by law to each ofíense. Held, that in view of the evidence, the instructions should have been given, and, for their rejection, this court reverses the judgment of the court below.</p>