Spearman v. State

Citations

• 23 Tex. Ct. App. 224
• 4 S.W. 586
• 1887 Tex. Crim. App. LEXIS 56

Syllabus

<p>1. Assault with Intent to Murder—Aggravated Assault—Mutual Combat.—A homicide committed in mutual combat would not be reduced to manslaughter, under the code of this State, unless it was committed under the influence of sudden passion arising from an adequate cause; and therefore, if death did not ensue, the offense would not be mitigated from assault with intent to murder to aggravated assault. Note the distinction taken in the opinion between manslaughter under the code of this State and manslaughter at common law and in some of the other States.</p> <p>2. Self Defense—Charge of the Court.—The trial court instructed the jury in effect that, to constitute justification on the ground of self defense. the act must have been done “in fact in self defense, and not merely colorably so.” Held erroneous, because subversive of the right of self defense resulting from reasonable expectation or fear of death or serious bodily injury, and because it absolved the jury from their duty to view the circumstances from the standpoint of the defendant at the time.</p>