Plasters v. State

Citations

• 1 Tex. Ct. App. 673

Syllabus

<p>1. Murder—Charge of the Court.—On a trial for murder the court' informed the jury that, as the counsel for the state did not claim that the killing was upon express malice, they would be instructed only on the law of implied malice; which thereupon was given in charge to them, and the accused was convicted of murder in the second degree. Held, that no error, and no prejudice to the accused, is apparent in the information and instructions thus given to the jurju</p> <p>2. Malice aforethought, charged in every indictment for murder, is either express or implied malice. See the opinion for a definition of these legal terms.</p> <p>3. Justifiable Homicide.—On his trial for murder the accused justified the killing on the ground that he was an officer, having a legal warrant for the arrest of the deceased, who resisted its execution; and that, at the time of the killing, the accused had just ground to fear that his own life would be taken, or that he would suffer great bodily injury. In its instructions to the jury, with special reference to the evidence, the court below ignored the apprehensions of great bodily injury, and thereby limited the justification to the fear of death. Held, that the error of the instructions in this respect was not cured by another portion of the charge, which, in a general way, correctly stated the law.</p> <p>4. Resisting Arrest.—If a party whose arrest is attempted under legal process knows the purpose and official character of the officer, and the arrest be otherwise lawful, it is his duty to submit, and resistance is unjustifiable, though the officer makes no declaration of his official character or purpose.</p> <p>5. General Character of Deceased.—In a trial for murder it was not competent for the accused to prove that the general character of the deceased for honesty was had. Such evidence could neither explain the actions of the deceased at the time he was killed, nor show that the accused committed the homicide in self-defense, or u