Shelton v. State

Citations

• 34 Tex. 662

Syllabus

<p>1. On a trial for murder the opinion of a medical man as to the cause of the death, and whether the neck of the deceased was broken before or after death, was competent evidence. Such evidence is indispensable to the. ends of justice in such cases as the present, where there was no witness present at the death of the deceased. —</p> <p>2. When a wife has been examined as a witness in behalf of her husband, the prosecution has the right to cross-examine her for the purpose of simply testing the truth of her testimony for the defense. A cross-examination for that purpose is not in violation of the provision of the code which prohibits a husband or wife from testifying against the other, except in certain cases. (Paschal’s Digest, article 3113.)</p> <p>3. Evidence of brutal and cruel treatment towards the deceased, prior to the homicide, does not, under all circumstances, suffice to establish such malice as will sustain a conviction for murder in the first degree. See the facts of the present case for an illustration. •</p>