Liskosski v. State

Citations

• 23 Tex. Ct. App. 165
• 3 S.W. 696
• 1887 Tex. Crim. App. LEXIS 42

Syllabus

<p>1. Murder—Manslaughter—Evidence—Charge oe the Court.—It is an established rule of practice in this State that the charge of the court must make a pertinent application of the law arising out of the evidence, no matter how weak and impotent the evidence may appear to the court. See the opinion in extenso for evidence in a murder ease which, under this rule, demanded of the trial court a charge upon the law of manslaughter.</p> <p>3. Same—Case Stated.—There being evidence in this case tending to show an original conflict between the deceased on the one hand, and the accused and one K„ acting together, on the other, and that that conflict-was abandoned, and that it was renewed between K., acting alone, and the deceased, in which second conflict the fatal injury was inflicted, the trial court, having correctly instructed the jury upon a conflict in which K. and the accused acted together, should have further charged upon the alternative theory of a homicide in which K. acted alone.</p>