Luera v. State

Citations

• 12 Tex. Ct. App. 257

Syllabus

<p>1. Presumption of Intent—Burden of Proof.—Note in a trial for murder a state of case which made it error to give in charge to the jury articles 50 and 51 of the Penal Code, to the effect that criminal intent may be inferred from the means used, and that, when the State has proved a prima faeie case, the burden is on the defense to show justification or excuse.</p> <p>2. Self-Defense.— The right to prevent the consequences of theft by seizing the stolen property and the thief, as defined in article 343- of the Code of Procedure, does not confer upon the owner of the property a right to pursue and take the thief dead or alive, nor is the thief thereby deprived of all right of resistance if attacked under such circumstances.</p> <p>3. Same—Manslaughter.— See a state of proof in a trial for murder which demanded that the law of self-defense and also the law of manslaughter should have been given in charge to the jury.</p>